This article is from the source 'bbc' and was first published or seen on . It will not be checked again for changes.
You can find the current article at its original source at http://news.bbc.co.uk/go/rss/-/1/hi/wales/6042168.stm
The article has changed 6 times. There is an RSS feed of changes available.
Version 0 | Version 1 |
---|---|
£300,000 pay-out for cleared man | |
(about 1 hour later) | |
A man who was wrongly jailed for 11 years for the murder of a newsagent in Cardiff has received £300,000 in a settlement with South Wales Police. | A man who was wrongly jailed for 11 years for the murder of a newsagent in Cardiff has received £300,000 in a settlement with South Wales Police. |
The out-of-court award to Michael O'Brien is thought to be the highest pay-out of its kind in a case of false imprisonment and malicious prosecution. | |
Mr O'Brien and two other men were jailed for life in 1988 for the murder of Phillip Saunders but later cleared. | Mr O'Brien and two other men were jailed for life in 1988 for the murder of Phillip Saunders but later cleared. |
South Wales Police said it did not admit liability in the case. | South Wales Police said it did not admit liability in the case. |
Mr Saunders, 52, ran the newspaper kiosk in Cardiff central bus station and he was ambushed and beaten late one night in October 1987 as he returned to his home in the Canton area of the city. | Mr Saunders, 52, ran the newspaper kiosk in Cardiff central bus station and he was ambushed and beaten late one night in October 1987 as he returned to his home in the Canton area of the city. |
It is emphasised that this has been done without any admission of liability and in full and final settlement South Wales Police | It is emphasised that this has been done without any admission of liability and in full and final settlement South Wales Police |
He died three days later when his life-support machine was turned off. | He died three days later when his life-support machine was turned off. |
His killer has never been found. | His killer has never been found. |
Mr O'Brien, Darren Hall and Ellis Sherwood - who became known as the Cardiff Newsagent Three - served more than a decade in prison before being cleared by appeal court judges in 1999. | Mr O'Brien, Darren Hall and Ellis Sherwood - who became known as the Cardiff Newsagent Three - served more than a decade in prison before being cleared by appeal court judges in 1999. |
Ever since, Mr O'Brien has pursued claims against South Wales Police through the courts - claiming the force fabricated evidence over the killing. | Ever since, Mr O'Brien has pursued claims against South Wales Police through the courts - claiming the force fabricated evidence over the killing. |
He will receive £300,000 plus costs in the out-of-court settlement following a civil action against the South Wales force. | He will receive £300,000 plus costs in the out-of-court settlement following a civil action against the South Wales force. |
Mr O'Brien said that despite being pleased with the amount of money he will receive, he believes a stain has been left on his character, because he says the force has not admitted liability or made an apology. | Mr O'Brien said that despite being pleased with the amount of money he will receive, he believes a stain has been left on his character, because he says the force has not admitted liability or made an apology. |
He said: "I'm disappointed with the fact they haven't apologised to me, especially in the light of what I've lost in family terms which I can never replace. | He said: "I'm disappointed with the fact they haven't apologised to me, especially in the light of what I've lost in family terms which I can never replace. |
Phillip Saunders' killer has never been found | Phillip Saunders' killer has never been found |
"I can't get on with life as if nothing has happened." | "I can't get on with life as if nothing has happened." |
South Wales Police said it did not admit liability in its final settlement with Mr O'Brien. | South Wales Police said it did not admit liability in its final settlement with Mr O'Brien. |
Deputy Chief Constable David Francis said: "South Wales Police has undertaken a substantial amount of work defending the allegations made by Mr O'Brien and which were subsequently adopted by Ellis Sherwood. | Deputy Chief Constable David Francis said: "South Wales Police has undertaken a substantial amount of work defending the allegations made by Mr O'Brien and which were subsequently adopted by Ellis Sherwood. |
"Throughout, we have consistently maintained our position that the officers who worked on the investigation into the murder of Phillip Saunders did so in good faith and the force was not liable for malicious prosecution or misfeasance. | "Throughout, we have consistently maintained our position that the officers who worked on the investigation into the murder of Phillip Saunders did so in good faith and the force was not liable for malicious prosecution or misfeasance. |
"However, as a publicly funded organisation, we have to be mindful of the cost of such cases and the unpredictability of the litigation process. | "However, as a publicly funded organisation, we have to be mindful of the cost of such cases and the unpredictability of the litigation process. |
"Therefore in accordance with counsel's advice, payments into court have been made in full and final settlement of the claims of Mr O'Brien and Mr Sherwood. | "Therefore in accordance with counsel's advice, payments into court have been made in full and final settlement of the claims of Mr O'Brien and Mr Sherwood. |
"It is emphasised that this has been done without any admission of liability and in full and final settlement. | "It is emphasised that this has been done without any admission of liability and in full and final settlement. |
"Mr O'Brien and Mr Sherwood have chosen to accept the payments on that basis rather than going to trial." | "Mr O'Brien and Mr Sherwood have chosen to accept the payments on that basis rather than going to trial." |
Mr Francis added that Thursday marks the 19th anniversary of the attack on Mr Saunders and the force's thoughts were with the family, while the investigation into his murder was ongoing. | Mr Francis added that Thursday marks the 19th anniversary of the attack on Mr Saunders and the force's thoughts were with the family, while the investigation into his murder was ongoing. |