Michael Shields refused pardon by Jack Straw
02 Jul 2009 - 16:28:38
Shields, 22, is serving 10 years for the crime against waiter Martin Georgiev in 2005.
Since the moment of his arrest the Liverpool FC fan maintained his innocence.
Related ArticlesJailed soccer fan has sentence cutPMs wife supports football fans motherLiverpool fan Michael Shields can seek British Government pardon - High CourtLiverpool fan is jailed for 15 yearsJack Straw faces questions over alleged intimidation by police killer Harry RobertsHe was in the Golden Sands resort near the port of Varna to celebrate the club's Champions League triumph in May 2005 when Mr Georgiev's skull was smashed by a thug with a paving slab.
Despite another man signing a confession and an international outcry about Shields's case being a miscarriage of justice, he was locked up and transferred to Britain for the remainder of his sentence.
After people began to think that Jack Straw, the Justice Secretary, would grant a pardon, the politician has now dashed the Shields' hopes by declaring the fan was not "morally and technically innocent".
The prisoner's father, Michael senior, hit out saying: "We are absolutely devastated.
"After four years of tireless campaigning, we had every hope and belief that Michael was about to be pardoned for a crime he did not commit.
"I have spoken to Michael and he is absolutely distraught.
"We have been led a merry dance by the government.
"We have been kept completely in the dark and still have no idea what is happening."
A statement issued by the Ministry of Justice said: "Following a detailed and careful consideration of all the relevant evidence the Justice Secretary, Jack Straw, has made a provisional decision that the application for a free pardon from Mr Michael Shields should be refused.
"The Ministry of Justice has written to Mr Shields today to convey this decision.
"The letter to Mr Shields provides a full explanation of the reasons for the Justice Secretary's provisional decision.
"Mr Straw has made his decision in accordance with the High Court judgment of December 17 2008 which indicated that, in order to grant a free pardon, he would have to be satisfied that Mr Shields was morally and technically innocent.
"The judgment stated: 'In principle ... the grant of a free pardon would appear to require a conclusion that, taking the Bulgarian courts' judgment for what it is and without calling in question its correctness on the material which those courts considered, fresh evidence which the Bulgarian courts did not consider, taken with the material which they did consider and their judgment upon it justifies a conclusion that Michael Shields is morally and technically innocent'.
"This is a very high test and the Justice Secretary has provisionally concluded that on the evidence he currently has, that test is not met.
"The Justice Secretary recognises, of course, that many will be disappointed by his decision. But in exercising this quasi-judicial function, he has adopted the approach that the court expected him to adopt.
"Mr Shields can now submit any further representations he may want to make, after which the Justice Secretary will make a final decision on the evidence before him."
Mr Shields's mother, Marie, said the news was "like a knife in the back".
Family solicitor, John Wheate, vowed to fight on.
He said: "There is no way in the British judicial system this would have even got into court.
"If we've got a further 28 days to make representations then we will definitely do that.
"I have been in this line of work for 37 years and this lad is as innocent as you and me."
