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
His Counsel is Matt Stanbury of Garden Court North Chambers Manchester and Joseph Markus of Garden Court North Chambers
News Stories
http://www.bbc.co.uk/news/uk-england-33045706
http://www.bbc.co.uk/programmes/b05xd447 - Victor Nealon on the Today Programme