Today is not only a bad day for Justice but the decision of the Divisional Court in our view strikes at the very integrity of our system and what a modern society now expects . It cannot be right to send people to prison for decades quash their conviction and then not compensate them for all that they have suffered . A modern system of justice must accept its mistakes and put them right including compensating the victims who have suffered injustice .
In the case of Victor Nealon there was clear evidence that suggested someone else was responsible for the Crime he was convicted of , this led the Court of Appeal Criminal Division to quash his conviction . The SSJ is now requiring him to prove his innocence for a second time .
The Court indicated it was bound by the decision in Adams holding that the test did not require a claimant to prove innocence in a "wider sense " however it would be difficult for any member of the public to make any sense out of this . The Court also rejected the idea of it breaching the presumption of innocence , whilst accepting that there was an argument to be made that the European Court may hold the new formulated test , asking someone to prove beyond reasonable doubt that the new fact shows they did not commit the offence , is in fact in breach of Artice 6 ( 2 ) .
This in turn led to the Court indicating that it considered Strasbourg had gone too far in its interpreation of Article 6 ( 2 ) and is yet another example of the ongoing tension between the British Courts and Strasbourg .
Yet whilst these complex arguments continue people like Victor Nealon and Sam Hallam continue to suffer . They are the forgotten victims in our society and it cannot be right that they should be denied compensation for what has happened to them .
The Case of Victor Nealon will be appealed .
Justice Gap Article http://thejusticegap.com/2015/06/today-is-not-a-good-day-for-justice/
Victor Nealon is represented by Mark Newby of QS Jordans
http://www.bbc.co.uk/programmes/b05xd447 - Victor Nealon on the Today Programme