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Authors Gavin Thomas and Stephen Fairclough from BBC News report on the legal battle of a man who was wrongly convicted of murder and fought to reclaim money taken from his compensation for “saved living expenses” while in prison for 11 years. Michael O’Brien, one of the three men wrongly convicted of the 1987 killing of Cardiff newsagent Phillip Saunders, lost his legal challenge in a bid to have the deducted amount returned, which was authorized by the Ministry of Justice.
Despite the Ministry of Justice confirming that they no longer deduct money from victims of wrongful convictions, the change does not apply retroactively. Mr. O’Brien, disappointed with the High Court judge’s decision to reject his appeal, expressed his frustration, emphasizing his desire for a fair hearing before the judges. He mentioned the astronomical cost of further legal action, discouraging him from pursuing the matter any further.
Additionally, Mr. O’Brien’s plight was not alone, as he joined forces with Paul Blackburn, who was falsely incarcerated for 24 years for a child murder in 1978. The duo sought further compensation following a policy change initiated by the Conservative Justice Secretary Alex Chalk in August 2023, eliminating the practice of deducting living expenses from future payouts. Despite their efforts, the new Labour government denied their request to reclaim the deductions retrospectively, intensifying their battle for justice.
Moreover, Andrew Taylor, a Cardiff-based barrister, condemned the recent ruling as unjust, drawing parallels to the struggles of former postmasters entangled in the infamous Horizon scandal. He suggested that escalating the publicity surrounding Mr. O’Brien’s case, akin to the postmasters affected by the scandal, could potentially advance their cause. Mr. O’Brien remained resolute in his fight for justice, contemplating avenues to effect change either through legislative means or by taking his campaign to the streets, a move backed by lobbying MPs. His perseverance amid the legal setbacks has taken a toll on his health, as he disclosed battling PTSD, likening his trauma to that of soldiers returning from war zones
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