‘Misgivings’ over justice watchdog’s performance
ONE of Wales’ best-known miscarriage of justice victims has said the organisation that helped free him after he spent 11 years in jail for a murder he did not commit is no longer fit for purpose.
Michael O’Brien was one of three men convicted of murdering Cardiff newsagent Phillip Saunders.
It was the 31st anniversary of his wrongful conviction on Saturday, and he says the Criminal Cases Review Commission should be reformed.
He said: “It grieves me to say this, but it is no longer the same body that concluded our convictions were a travesty all those years ago and
referred the case to the Court of Appeal. I am aware of a number of cases where I believe there is overwhelming evidence that miscarriages of justice have occurred and where innocent people remain in prison.”
Earlier this month a cross-party inquiry was launched into the watchdog following “serious misgivings” from lawyers, campaigners and academics about its ability to deal with cases of alleged wrongful convictions.
The all-party parliamentary group will look at the CCRC’s ability to effectively identify, rectify and prevent miscarriages of justice.
The CCRC is also in the grips of a funding crisis. When it was set up up in 1997, its budget was £7.5m and it dealt with 800 cases a year. Last year’s funding was just £5.45m, with applications at an average of 1,500 a year.
The new Westminster commission will assess whether the body’s criteria for referring cases to the Court of Appeal places too high a burden on those appealing their conviction. It will also consider the CCRC’s current remit and funding, and if failings elsewhere in the criminal justice system are preventing it from exercising its mandate fully.
The commission’s first session took place last week. Oral evidence is due to be given by the CCRC, with the commission now accepting written submissions from relevant parties. Mr O’Brien has himself offered to give evidence.
In its most recent annual report, for 2017-18, the CCRC confirmed it had referred just 19 cases back to the Court of Appeal out of a total of 1,439 applications.
Explaining the drop-off in the number of referrals in recent years, the watchdog cited a “low success rate” in the Court of Appeal and a lack of lawyers willing to represent applicants as a result of legal aid cuts.
Over its 21-year history the CCRC has referred on average 33 cases a year, but in 2016-17 the Birminghambased body sent just 12 cases back to the appeal judges.
Of the 19 referrals in 2017-18, eight concerned asylum seekers convicted of entering the country illegally. Even with the asylum cases, the CCRC’s referral rate was just 1.23%, down from an average of 3%. In 2017-18, six appeals were heard in relation to CCRC referrals; four convictions were quashed; and one conviction upheld.