Sat, Feb 11 2012

Court explains Shields ruling

Mon, Aug 08 2005 02:00 CET 2003 Views

ON August 3, the Varna Regional Court published on its website the full text of its reasoning for handing down a guilty verdict to Michael Shields and sentencing him to 15 years in prison.
In its 39-page document, the court stated that Shields had been identified by nine witnesses as the man who smashed the head of Martin Georgiev with a large heavy stone.
In an interview with Bulgarian and foreign media this weekend Georgiev also identified Shields as his attacker.
All nine agreed that by that point Georgiev was already lying on the ground when Shields walked up from behind him and with both hands threw the stone at Georgiev's head.
According to the court, the testimonies of Shields' friends that he was asleep in his room did not correspond to each other in terms of time, place and other details.
"The common characteristic of their testimony was their bias," the document said.
According to the judges, one of those witnesses said in court that he wanted to "help him (Shields) get off the hook", while another one said that he came because "I do not want to remain silent and not help an innocent man... I came because of what I read in the newspapers."
"Present is a clear interest and apparent willingness to support the defence of the defendant," the court wrote.
The court dismissed Graham Sankey's confession for a number of reasons.
"In the first place it is not clear who made this statement - it is not direct but retold and does not contain any specific detail about the night of the events," the court wrote. "It, however, contains information that recently Sankey's family was threatened. The court does not accept this statement as relevant and fit."
According to the court, Sankey's statement that he was the one who threw the "pavement slab" at Georgiev's head did not correspond to the description of the actual weapon, which is "a stone with irregular shape and is not a pavement slab". Witnesses, as well as forensic experts agreed that this had been the stone in question.
"The court does not accept as truthful the `confession' of a man who has been threatened and who secretly went to his attorney to confess that he `beat up' a man, without knowing what he used as a weapon," the court wrote.
According to many witnesses, both Bulgarian and UK citizens, there was not much physical resemblance between Shields and Sankey, but being of large build and wearing light-coloured t-shirts.
According to Bulgarian law, a confession is not enough for handing down a guilty verdict.
In a statement published on its website on July 28, the court said it treated with understanding and respect the work of all Bulgarian and foreign media, which had reported and keep on reporting and commenting on the trial of Shields and Anthony Wilson.
"As an institution which guarantees public access, transparency, speedy and just process, the court is ready to accept any evaluation of its work except insults and unacceptable interference in the independence of the Bulgarian judiciary system," the statement read.
On August 1, the Association of Judges in Bulgaria (AJB) reacted to UK media reports and UK European MPs' comments concerning the case. 
In an open letter to the UK consul in Sofia, Hilary Arthur, AJB chairperson Nelly Kutskova stated that Bulgarian courts would not succumb to any political or media pressure, either domestic or international, intended to influence their work.
In her letter, Kutskova said that the 15-year sentence was the least Shields could have received for his crime, which under the Penal Code carries a prison sentence of between 15 and 20 years or life imprisonment.
"The sentence can be appealed to a second-instance court, the Appellate Court in Varna, which will accept any new evidence that may be provided according to the established procedure," the letter said.
"If the defence or prosecution find the second-instance ruling unsatisfactory, they may appeal it to a third-instance court, the Supreme Cassation Court."
Outgoing Justice Minister Anton Stankov said that he would not mind questioning Sankey.

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