Latest news with #SwitalskisSolicitors
The Independent
14-05-2025
- The Independent
Lawyers will support any compensation bid by man wrongly jailed for 38 years
Lawyers for a man who spent 38 years in prison after wrongly being convicted of murder have pledged to support him in any bid for compensation. Peter Sullivan, 68, who to date has spent more of his life in prison than free, finally had his name cleared on Tuesday after decades protesting his innocence. Crucial DNA evidence was finally unearthed due to scientific advances last year, showing that it was another unknown man who raped and murdered 21-year-old Diane Sindall in 1986. On Wednesday his solicitor Sarah Myatt spoke to broadcasters after Tuesday's historic Court of Appeal judgment that quashed Mr Sullivan's murder conviction. Asked about any future bid for compensation, she told BBC Radio 4's Today programme: 'That is something that we will, of course, support Peter with. 'Switalskis Solicitors will continue to represent him, and we will continue to support him with any compensation claim.' Victims of miscarriages of justice can apply to a government compensation scheme. Andrew Malkinson, who spent 17 years behind bars after being wrongly convicted of rape, was given a six-figure payment in February this year after delays left him struggling to survive financially and turning to food banks. Describing Mr Sullivan's reaction to the Court of Appeal's decision on Tuesday, Ms Myatt said: 'Emotional, very overwhelmed, as you can imagine. 'I think it will take quite some time for him to readjust, but very, very happy.' His siblings, who were in the courtroom as the decision was made, were overcome with emotion as appeal judges officially cleared their brother. Asked how Mr Sullivan managed to survive in prison knowing he was innocent, his lawyer said: 'He really had no choice. He has to take every day as it comes, day by day. 'And what he has done throughout that time is to remain positive, to remain hopeful, and to always say: 'I just didn't do this'.' Prisoners who maintain their innocence, like Mr Sullivan, can struggle to progress in prison because they cannot access certain behaviour management courses without admitting guilt. Ms Myatt told BBC Breakfast: 'He said 'I cannot admit to something I haven't done', even though that meant that the Parole Board would consider things in that way.' She told the broadcaster she will never forget the moment she was told the evidence had been secured to clear his name. 'When we received the news that the DNA results had come through and that evidence was there (to clear him), I will remember that phone call for the rest of my career and beyond.' He now wants to be 'left in peace' to 'resettle and readjust' she said. Barrister Chris Henley KC, who led a review of the Criminal Cases Review Commission's handling of the Andrew Malkinson case, said it is 'absolutely inevitable' that there will be more miscarriages of justice like Mr Sullivan's case. 'I think that there is a fundamental problem in relation to our appeal system generally, that it just won't face up to the fact that mistakes can be made,' he told the BBC Radio 4 Today programme. 'It stubbornly wants to stick to the original flawed conviction.'
The Independent
14-05-2025
- The Independent
Exonerated Peter Sullivan faces two-year wait for compensation after spending 38 years in jail
The victim of the UK's longest-running miscarriage of justice faces an agonising two-and-a-half year wait if he wants to claim compensation for spending 38 years in prison for a murder he did not commit. Peter Sullivan, 68, yesterday walked free after his conviction was overturned on new DNA evidence after spending most of his life behind bars for the 1986 murder of 21-year-old Diane Sindall in Bebington, near Merseyside. His lawyer Sarah Myatt, of Switalskis Solicitors, has said she will support him through any compensation claim if he chooses to make one. It is possible he could be in line for a maximum of £1million from the Ministry of Justice, which equates to just £26,315 for each year he was wrongly jailed, but experts have warned he faces a lengthy wait in a system which is 'not fit for purpose'. Toby Wilton, who represents Andrew Malkinson in his claim for compensation after he was wrongly jailed for 17 years for rape, said Mr Sullivan is not automatically entitled to compensation and will have to convince the justice secretary Shabana Mahmood that he is innocent beyond reasonable doubt. For many this is an insurmountable hurdle, and of 591 applications for compensation between April 2016 to March 2024 only 39 were accepted for payouts, according to government figures. The sum is then decided by an independent assessor and the process takes an average of 127 weeks – almost two years and six months – from claim to payout. In Mr Malkinson's case, he was left struggling to pay for rent and food as tried to rebuild his life after his release in 2023. He only received an interim payment from the compensation scheme in February this year. Mr Wilton told The Independent: 'It is impossible to understate the impact of miscarriages of justice like this on those involved, and yet the current system for compensating victims of miscarriages of justice is simply not fit for purpose. 'To be eligible for compensation at all under the statutory scheme for miscarriage of justice compensation, Peter Sullivan will have to convince the Secretary of State for Justice that this new DNA evidence shows beyond a reasonable doubt that he did not commit the offence. This reverses the ordinary burden of proof in criminal cases. 'Even if he is able to overcome this hurdle then the current compensation scheme arbitrarily disadvantages people like Andrew Malkinson and Peter Sullivan who have suffered the longest and most serious miscarriages of justice, because the total amount of compensation is currently capped at £1m. 'This figure was set in 2008 and would be worth roughly twice as much in today's money. The Secretary of State has the power, under the Act, to increase this cap but they have so far refused to do so.' Miscarriage of justice charity the Future Justice Project has described the requirement to prove your innocence, introduced by the coalition government in 2014, an 'absurd reversal of the principle that people have the right to be considered innocent until proven guilty'. A spokesperson added: 'This is an insurmountable hurdle for the vast majority of the wrongfully convicted, and has virtually put a stop to compensation payouts for these kinds of miscarriages of justice. 'Even if Mr Sullivan receives compensation for the time he was wrongfully imprisoned, this is capped at £1m - a figure settled on in 2008 that has not increased with inflation. 'Few people could comprehend the toll of being convicted for a crime they did not commit, yet successive governments have seen victims of miscarriages of justice as a target for spending cuts.' Until recently, victims of miscarriages of justice could also have their living costs in prison deducted from their payout, although this was scrapped by Alex Chalk, then justice secretary, in 2023. Mr Sullivan was 30 when he was handed a life sentence for Ms Sindall's brutal murder. Now 68, his conviction was finally quashed at the Court of Appeal on Monday after his third bid to overturn it, after tests revealed his DNA was not present in samples preserved from the crime scene. In a statement after he was cleared, a Ministry of Justice spokesperson said: 'Peter Sullivan suffered a grave miscarriage of justice, and our thoughts are with him and the family of Diane Sindall. 'We will carefully consider this judgment, looking at how this could have happened and making sure both Mr Sullivan and Diane's family get the answers they deserve.'
North Wales Chronicle
14-05-2025
- North Wales Chronicle
Lawyers will support any compensation bid by man wrongly jailed for 38 years
Peter Sullivan, 68, who to date has spent more of his life in prison than free, finally had his name cleared on Tuesday after decades protesting his innocence. Crucial DNA evidence was finally unearthed due to scientific advances last year, showing that it was another unknown man who raped and murdered 21-year-old Diane Sindall in 1986. On Wednesday his solicitor Sarah Myatt spoke to broadcasters after Tuesday's historic Court of Appeal judgment that quashed Mr Sullivan's murder conviction. Asked about any future bid for compensation, she told BBC Radio 4's Today programme: 'That is something that we will, of course, support Peter with. 'Switalskis Solicitors will continue to represent him, and we will continue to support him with any compensation claim.' Victims of miscarriages of justice can apply to a government compensation scheme. Andrew Malkinson, who spent 17 years behind bars after being wrongly convicted of rape, was given a six-figure payment in February this year after delays left him struggling to survive financially and turning to food banks. Describing Mr Sullivan's reaction to the Court of Appeal's decision on Tuesday, Ms Myatt said: 'Emotional, very overwhelmed, as you can imagine. 'I think it will take quite some time for him to readjust, but very, very happy.' His siblings, who were in the courtroom as the decision was made, were overcome with emotion as appeal judges officially cleared their brother. Asked how Mr Sullivan managed to survive in prison knowing he was innocent, his lawyer said: 'He really had no choice. He has to take every day as it comes, day by day. 'And what he has done throughout that time is to remain positive, to remain hopeful, and to always say: 'I just didn't do this'.' Prisoners who maintain their innocence, like Mr Sullivan, can struggle to progress in prison because they cannot access certain behaviour management courses without admitting guilt. Ms Myatt told BBC Breakfast: 'He said 'I cannot admit to something I haven't done', even though that meant that the Parole Board would consider things in that way.' She told the broadcaster she will never forget the moment she was told the evidence had been secured to clear his name. 'When we received the news that the DNA results had come through and that evidence was there (to clear him), I will remember that phone call for the rest of my career and beyond.' He now wants to be 'left in peace' to 'resettle and readjust' she said. Barrister Chris Henley KC, who led a review of the Criminal Cases Review Commission's handling of the Andrew Malkinson case, said it is 'absolutely inevitable' that there will be more miscarriages of justice like Mr Sullivan's case. 'I think that there is a fundamental problem in relation to our appeal system generally, that it just won't face up to the fact that mistakes can be made,' he told the BBC Radio 4 Today programme. 'It stubbornly wants to stick to the original flawed conviction.'
Yahoo
14-05-2025
- Yahoo
Lawyers will support any compensation bid by man wrongly jailed for 38 years
Lawyers for a man who spent 38 years in prison after wrongly being convicted of murder have pledged to support him in any bid for compensation. Peter Sullivan, 68, who to date has spent more of his life in prison than free, finally had his name cleared on Tuesday after decades protesting his innocence. Crucial DNA evidence was finally unearthed due to scientific advances last year, showing that it was another unknown man who raped and murdered 21-year-old Diane Sindall in 1986. On Wednesday his solicitor Sarah Myatt spoke to broadcasters after Tuesday's historic Court of Appeal judgment that quashed Mr Sullivan's murder conviction. Asked about any future bid for compensation, she told BBC Radio 4's Today programme: 'That is something that we will, of course, support Peter with. 'Switalskis Solicitors will continue to represent him, and we will continue to support him with any compensation claim.' Victims of miscarriages of justice can apply to a government compensation scheme. Andrew Malkinson, who spent 17 years behind bars after being wrongly convicted of rape, was given a six-figure payment in February this year after delays left him struggling to survive financially and turning to food banks. Describing Mr Sullivan's reaction to the Court of Appeal's decision on Tuesday, Ms Myatt said: 'Emotional, very overwhelmed, as you can imagine. 'I think it will take quite some time for him to readjust, but very, very happy.' His siblings, who were in the courtroom as the decision was made, were overcome with emotion as appeal judges officially cleared their brother. Asked how Mr Sullivan managed to survive in prison knowing he was innocent, his lawyer said: 'He really had no choice. He has to take every day as it comes, day by day. 'And what he has done throughout that time is to remain positive, to remain hopeful, and to always say: 'I just didn't do this'.' Prisoners who maintain their innocence, like Mr Sullivan, can struggle to progress in prison because they cannot access certain behaviour management courses without admitting guilt. Ms Myatt told BBC Breakfast: 'He said 'I cannot admit to something I haven't done', even though that meant that the Parole Board would consider things in that way.' She told the broadcaster she will never forget the moment she was told the evidence had been secured to clear his name. 'When we received the news that the DNA results had come through and that evidence was there (to clear him), I will remember that phone call for the rest of my career and beyond.' He now wants to be 'left in peace' to 'resettle and readjust' she said. Barrister Chris Henley KC, who led a review of the Criminal Cases Review Commission's handling of the Andrew Malkinson case, said it is 'absolutely inevitable' that there will be more miscarriages of justice like Mr Sullivan's case. 'I think that there is a fundamental problem in relation to our appeal system generally, that it just won't face up to the fact that mistakes can be made,' he told the BBC Radio 4 Today programme. 'It stubbornly wants to stick to the original flawed conviction.'
South Wales Guardian
14-05-2025
- South Wales Guardian
Lawyers will support any compensation bid by man wrongly jailed for 38 years
Peter Sullivan, 68, who to date has spent more of his life in prison than free, finally had his name cleared on Tuesday after decades protesting his innocence. Crucial DNA evidence was finally unearthed due to scientific advances last year, showing that it was another unknown man who raped and murdered 21-year-old Diane Sindall in 1986. On Wednesday his solicitor Sarah Myatt spoke to broadcasters after Tuesday's historic Court of Appeal judgment that quashed Mr Sullivan's murder conviction. Asked about any future bid for compensation, she told BBC Radio 4's Today programme: 'That is something that we will, of course, support Peter with. 'Switalskis Solicitors will continue to represent him, and we will continue to support him with any compensation claim.' Victims of miscarriages of justice can apply to a government compensation scheme. Andrew Malkinson, who spent 17 years behind bars after being wrongly convicted of rape, was given a six-figure payment in February this year after delays left him struggling to survive financially and turning to food banks. Describing Mr Sullivan's reaction to the Court of Appeal's decision on Tuesday, Ms Myatt said: 'Emotional, very overwhelmed, as you can imagine. 'I think it will take quite some time for him to readjust, but very, very happy.' His siblings, who were in the courtroom as the decision was made, were overcome with emotion as appeal judges officially cleared their brother. Asked how Mr Sullivan managed to survive in prison knowing he was innocent, his lawyer said: 'He really had no choice. He has to take every day as it comes, day by day. 'And what he has done throughout that time is to remain positive, to remain hopeful, and to always say: 'I just didn't do this'.' Prisoners who maintain their innocence, like Mr Sullivan, can struggle to progress in prison because they cannot access certain behaviour management courses without admitting guilt. Ms Myatt told BBC Breakfast: 'He said 'I cannot admit to something I haven't done', even though that meant that the Parole Board would consider things in that way.' She told the broadcaster she will never forget the moment she was told the evidence had been secured to clear his name. 'When we received the news that the DNA results had come through and that evidence was there (to clear him), I will remember that phone call for the rest of my career and beyond.' He now wants to be 'left in peace' to 'resettle and readjust' she said. Barrister Chris Henley KC, who led a review of the Criminal Cases Review Commission's handling of the Andrew Malkinson case, said it is 'absolutely inevitable' that there will be more miscarriages of justice like Mr Sullivan's case. 'I think that there is a fundamental problem in relation to our appeal system generally, that it just won't face up to the fact that mistakes can be made,' he told the BBC Radio 4 Today programme. 'It stubbornly wants to stick to the original flawed conviction.'
