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Version 7 Version 8
No decision over Shields pardon No decision over Shields pardon
(about 2 hours later)
The High Court has reserved judgement in the case of jailed Liverpool fan Michael Shields.The High Court has reserved judgement in the case of jailed Liverpool fan Michael Shields.
He is serving 10 years for the attempted murder of a Bulgarian barman, but has started a bid to be pardoned. He is serving 10 years for the attempted murder of a Bulgarian barman, but is campaigning to be pardoned.
Solicitors for Shields, from Edge Hill, have argued the conviction was based on thin evidence. His legal team point to "fresh evidence" that another man was responsible for the attack.
Shields, 22, is seeking a judicial review after Justice Secretary Jack Straw refused to issue a free pardon cancelling his conviction. The family's solicitor, John Weate, said they were encouraged by the court's decision to reserve judgement in the case of the 22-year-old fan.
Arlene McCarthy, North West of England MEP, who supports Shields' campaign for freedom, said: "We were hoping for a positive result today but a reserved judgement is better than having a bad judgement. Lord Justice May and Mr Justice Maddison were being asked to decide whether there were powers "to grant a pardon to repatriated prisoners wrongly convicted in a foreign jurisdiction".
"Michael has missed three Christmases and I hope that we soon get a positive verdict to free the way for Michael to be reunited with his family in time for Christmas." The power to pardon is used when a person is deemed to be "morally and technically innocent".
Three-and-a-half years for an 18-year-old to be locked up for a crime he did not commit, it's heartbreaking and it has destroyed him Maria Shields, mother In court Mr Straw's legal team warned that if a pardon were granted the move would be seen as criticism of the foreign court that had found Shields' guilty.
Two High Court judges were urged to rule that Mr Straw could exercise the ancient "royal prerogative of mercy". I hope that we soon get a positive verdict to free the way for Michael to be reunited with his family Arlene McCarthy MEP
The power to pardon is rarely used, but is exercised when a person is deemed to be "morally and technically innocent". They said it could "drive a very big hole" through the international convention of transferring of prisoners allowed to serve their sentences in their home countries.
Mr Straw has previously said he has no jurisdiction to consider either a pardon or an early release - and insisted it was down to Bulgarian authorities.
Shields has always maintained his innocence, and Fair Trials Abroad described his conviction as a blatant miscarriage of justice.Shields has always maintained his innocence, and Fair Trials Abroad described his conviction as a blatant miscarriage of justice.
Another fan - not an associate of Shields - signed a statement admitting he was the man responsible.Another fan - not an associate of Shields - signed a statement admitting he was the man responsible.
Lie-detector test
But the Bulgarian Supreme Judicial Council said the evidence did not prove anything and merely introduced doubt.
Lord Justice May and Mr Justice Maddison were asked to decide whether there were powers "to grant a pardon to repatriated prisoners wrongly convicted in a foreign jurisdiction".
The judges heard that Shields had taken a polygraph lie-detector test.
Shields was convicted of attempted murder after a paving slab was dropped on barman Martin Georgiev's head following Liverpool's Champions League final victory in Istanbul in May 2005.Shields was convicted of attempted murder after a paving slab was dropped on barman Martin Georgiev's head following Liverpool's Champions League final victory in Istanbul in May 2005.
He is currently serving the remainder of his sentence, which was cut to 10 years on appeal in Bulgaria, at HMP Haverigg in Cumbria.He is currently serving the remainder of his sentence, which was cut to 10 years on appeal in Bulgaria, at HMP Haverigg in Cumbria.
Shields' mother Maria said: "Three-and-a-half years for an 18-year-old to be locked up for a crime he did not commit, it's heartbreaking and it has destroyed him." His mother Marie said: "Three-and-a-half years for an 18-year-old to be locked up for a crime he did not commit, it's heartbreaking and it has destroyed him."
Arlene McCarthy, North West of England MEP, who supports Shields' campaign for freedom, said: "Michael has missed three Christmases and I hope that we soon get a positive verdict to free the way for Michael to be reunited with his family in time for Christmas."