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Cleared man's pay-out 'too low' Cleared man's pay-out 'too low'
(about 1 hour later)
Appeal court judges have ruled that compensation paid to a man wrongly convicted of murdering a Cardiff prostitute was "irrationally low".Appeal court judges have ruled that compensation paid to a man wrongly convicted of murdering a Cardiff prostitute was "irrationally low".
Stephen Miller, of Clapham, London, spent more than four years in prison for Lynette White's murder and was awarded £55,000 for loss of liberty.Stephen Miller, of Clapham, London, spent more than four years in prison for Lynette White's murder and was awarded £55,000 for loss of liberty.
Judges ruled this was not sufficient but have not reached a final figure.Judges ruled this was not sufficient but have not reached a final figure.
Darren Hall, who was wrongly jailed for the murder of a Cardiff newsagent, could also have his pay-out reviewed.Darren Hall, who was wrongly jailed for the murder of a Cardiff newsagent, could also have his pay-out reviewed.
The £55,000 payment for loss of liberty was part of a compensation package awarded to Mr Miller.The £55,000 payment for loss of liberty was part of a compensation package awarded to Mr Miller.
His case for £125,000 compensation for loss of liberty was rejected at the High Court last November when two judges said his argument was "impossible to sustain".His case for £125,000 compensation for loss of liberty was rejected at the High Court last November when two judges said his argument was "impossible to sustain".
But the three Court of Appeal judges have now ordered the independent assessor Lord Brennan QC to make a new award.But the three Court of Appeal judges have now ordered the independent assessor Lord Brennan QC to make a new award.
I do not see how £55,000 could possibly be sufficient for a period of incarceration of over four years which was unlawful from start to finish Sir Paul Kennedy I have always said that the award of #55,000 for four years loss of my life is far too low. Stephen Miller
Ruling that the official who assessed Mr Miller's compensation "must have erred in law", Sir Paul Kennedy told the court: "I do not see how £55,000 could possibly be sufficient for a period of incarceration of over four years which was unlawful from start to finish."Ruling that the official who assessed Mr Miller's compensation "must have erred in law", Sir Paul Kennedy told the court: "I do not see how £55,000 could possibly be sufficient for a period of incarceration of over four years which was unlawful from start to finish."
Mr Miller and his two co-defendants, who became known as the Cardiff Three, had their convictions quashed by the Court of Appeal in 1992.Mr Miller and his two co-defendants, who became known as the Cardiff Three, had their convictions quashed by the Court of Appeal in 1992.
Judges said Mr Miller, who had a borderline mental handicap and low IQ, had been "bullied and hectored" by officers.Judges said Mr Miller, who had a borderline mental handicap and low IQ, had been "bullied and hectored" by officers.
He was jailed in 1990 at the age of 22 and spent four years and one month in prison in total.He was jailed in 1990 at the age of 22 and spent four years and one month in prison in total.
In 2003, DNA evidence led to another man, Jeffrey Gafoor, being convicted of Ms White's murder.In 2003, DNA evidence led to another man, Jeffrey Gafoor, being convicted of Ms White's murder.
After the hearing, Mr Miller said: "I am happy with the decision of the Court of Appeal. I have always said that the award of #55,000 for four years loss of my life is far too low.
"I am very hopeful that the assessor will award a much larger amount. I want to thank the judges for allowing my appeal and giving a fair judgment.
"I now want to be able to put this episode behind me and get on with my life."
Darren Hall served 11 years for murderDarren Hall served 11 years for murder
Lord Brennan, whose task it is to rule on compensation claims made by miscarriage of justice victims, originally awarded Mr Miller a total of £185,000 for "personal hardship", "injury to feelings" and to mark "the conduct of the investigation".Lord Brennan, whose task it is to rule on compensation claims made by miscarriage of justice victims, originally awarded Mr Miller a total of £185,000 for "personal hardship", "injury to feelings" and to mark "the conduct of the investigation".
The appeal court judges refused Lord Brennan permission to appeal to the House of Lords because of fears over the cost to the public purse.The appeal court judges refused Lord Brennan permission to appeal to the House of Lords because of fears over the cost to the public purse.
Lord Justice Mummery said there were up to 62 cases awaiting assessment and some of these would be of comparable or greater severity than Mr Miller's test case.Lord Justice Mummery said there were up to 62 cases awaiting assessment and some of these would be of comparable or greater severity than Mr Miller's test case.
But he said it was up to the Law Lords to decide whether they wished to review the case.But he said it was up to the Law Lords to decide whether they wished to review the case.
Heather Williams QC, for Mr Miller, argued the pay out for loss of liberty was less than sums commonly awarded by the civil courts in false imprisonment cases.Heather Williams QC, for Mr Miller, argued the pay out for loss of liberty was less than sums commonly awarded by the civil courts in false imprisonment cases.
Sir Paul Kennedy agreed the £55,000 payout was out of line with awards in civil cases. Sir Paul Kennedy agreed the £55,000 pay-out was out of line with awards in civil cases.
Matthew Gold, the solicitor representing Mr Miller, said of the ruling was important for the victims of miscarriages of justice.
"The assessor is now bound to have proper regard to other civil law awards for false imprisonment. This should result in an increase in the amounts of the awards made by the assessor," he said.
The compensation case of Darren Hall, who served 11 years for killing Cardiff newsagent Philip Saunders before he was cleared, could also be reviewed in the light of the findings of the appeal court judges.The compensation case of Darren Hall, who served 11 years for killing Cardiff newsagent Philip Saunders before he was cleared, could also be reviewed in the light of the findings of the appeal court judges.
His bid for more compensation was also thrown out by the High Court last November although he did not take the case to appeal.His bid for more compensation was also thrown out by the High Court last November although he did not take the case to appeal.