In a decision on July 2 that shocked supporters of Michael Shields, the Liverpool football fan jailed in Bulgaria for the attempted murder of barman Martin Georgiev, UK justice secretary Jack Straw has provisionally ruled out granting a pardon to Shields.
Unless there is a government U-turn - and for this Straw has indicated that he would need further compelling evidence - it means that Shields will not now be released until his sentence is completed in May 2010.
Shields is currently serving his sentence at Thorn Cross Young Offenders Institute, in Appleton Thorn, Warrington, where he was informed of Straw's decision by letter.
Straw's ruling will shock those who have persistently argued that Shields has been the victim of a miscarriage of justice. A number of high-profiles figures, including Liverpool footballers, politicians and clergymen have all shown their support for Shields over the years.
Shields was convicted in Bulgaria in July 2005 of smashing a rock over Georgiev's head during a street brawl in the resort of Golden Sands. He was later transferred back to a British prison to finish his 10-year sentence. Another Liverpool man, Graham Sankey, admitted carrying out the attack, although he later withdrew his confession.
In December, the High Court ruled that Straw had the "power and jurisdiction" to exercise the ancient "royal prerogative of mercy" to pardon Shields. Straw said that in order to pardon Shields he had to be satisfied that the Liverpool fan was "morally and technically innocent".
"This is a very high test and the Justice Secretary has provisionally concluded that on the evidence he currently has, that test is not met," the ministry of justice said in a statement. "The Justice Secretary recognises, of course, that many will be disappointed by his decision. But in exercising this quasi-judicial function, he has adopted the approach that the Court expected him to adopt."
The statement said Straw would take further representations from Shields before making a final decision.
Shields' lawyer John Weate had previously argued that the case was "perhaps the most shocking miscarriage of justice in recent times". Weate reacted to Straw's July 2 decision by insisting that all was not lost for his client. "Apparently we have a further 28 days to make representations. To get a pardon you have to get a higher degree of certainty and I think that's what they're talking about. But Jack Straw is hiding behind it."
Liverpool City Labour leader, councillor Joe Anderson, who has led the campaign to free Shields, was more forthcoming in criticising Straw: "This is outrageous. How Jack Straw can even use the word justice in his cabinet title is scandalous. He is not fit to be called the justice minister. The decision is an insult to everyone who believes in justice and the rights of the individual. The government are officially keeping an innocent man in prison. It’s an absolute disgrace."
Shields' father, Michael senior, said: "I just cannot believe the way he (Straw) has done this. They sent the letter straight to Michael alone in jail and not to his lawyer. Michael's just absolutely distraught."
Straw's decision came the day after he made another controversial decision, opting not to pardon 79-year-old Great Train Robber Ronnie Biggs.
With respect to those who believe that Michael should remain in prison. You are of course entitled to your opinions but in fairness you have not see the evidence against Michael, or lack there of. As someone who works with Michael's lawyer and as someone who has met Michael I am sure of his innocence. I have seen all the documentation concerning this case. I am 1000% sure that this young man is innocent. Do your homework before condeming this man and don't allow small minded stereotypes concerning his city of birth etc effect your judgement. Martin Georgiev has suffered and we must not forget this. Someone must pay for this crime but unfortunately the Bulgarians got the wrong man.
On the basis of evidence "beyond all reasonable doubt" - as befits criminal law (as opposed to civil law), Shields is clearly guilty as charged. And sentiment - as per Karen and Donna will not get him off the charge.
My sympathy is entirely with the poor brain-damaged Bulgarian, and - just to head off any xenophobic taunts - I myself was born and raised in Liverpool.
Michael Shileds is a semi literate, ill educated thug... how fitting he follows liverpool.
of course his family friends and admirers all "think" he is innocent, its about all they are really able to "think". A work camp is too good for him, there is a young man left permanently affected , who was left for dead by Shields and the filth he associates with.
Jack Straw and labour may have lost Karen Herdmans vote, but thats no worry because he has earned mine and I will vote for him... finally a poliicain who stand up to bigoted bullies shouting for their version of "justice".
Keep dangerous a**holes in prison and the world is a better place for the rest of us decent people.
Michael Shields can barely speak English, or even scouse. A yob of low intellectual attainment, he needs quite a bit of tuition. I always felt that a stint in a Bulgarian jail would have done him good, as he would have been in a position to receive remedial English lessons.
I can think of one group of Liverpool fans that have kept particularly quiet about the Michael Shields case: the group of holligans that he was with that night, that either saw him or one of the others throw the slab on Georgis head. They were also the ones that went on a drunken, drugged up rampage through Golden Sands earlier on the night of the incident smashing glasses and spilling beer on the floors of bars and screaming football chants over the music at Bonkers disco. In particular - their ringleader, a 40 something year old who no doubt would rather keep his Champions league final trip activities quiet from the wife and kids. Well they let MS walk alone the next day as they packed the bags and left the country.!
Of course his family and friends will claim he is innocent. Proves nothing. The fact is he was tried in Bulgaria and found guilty. Just because this trial wasn't carried out in the UK doesn't mean this was a miscarriage of justice.
For once Jack Straw is probably right. He has, after all, been able to see ALL of the facts.
I was always dubious about Michael Shields' claim to have been in bed at the time. What football fan of his age would travel all that way and then go to bed while the rest of his companions were enjoying themselves having a few drinks in a bar? That never added up for me. Someone might as well have claimed he was out feeding the poor.
Someone nearly murdered Martin Georgiev and left him permanently injured. And the police and court have named Michael Shields as that man.
It always interests me to see who comments on what type of report. The most, and most virulent, are posted re property deals, drugs, sects and, in this case, the legal treatment of a person who was, at the very least, involved in a drunken and vicious brawl.
I also wonder who are the people who read the Sofia Echo. If, for example, the Calleys, are examples of Brits who have bought property and settled in Bulgaria, then UK is well rid of these vulgar loudmouthed people. One should only pity Bulgaria.
dont you people realise that Liverpool supporters cant do any wrong??? hysel not there fault, hillsboro only the polices fault, no robbers/skanks/low life in the city!! only good lad comedians there!!! the whole city is a whingeing disgrace.
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Should have got life.
Typical yob disgracing the decent people of this country with violence in the name of sport. Of course he's guilty, you sad people.
Stick him in a cell with the rainbow shirt lifters .
I am so sorry for Michael and his wonderful supportive parents and family.
This decision is a total disgrace.
Labour have lost my vote and i'm sure many others will feel the same. As for the other inane comments from the likes of Dan and Cosmos who obviously don't know what they are talking about. This situation could happen to anybody who goes abroad and we at least should be able to get justice in Britain
Still can't spare the time to type the name Martin Georgiev I see Derek old boy. Thanks for proving my point.
Whats he doing in a UK jail he should be serving his time in BG why should the UK tax payers keep him perhaps he can claim second home allowance like all the crooks in the UK goverment.
not been proved,british garbage again from people who dont know what they are talking about
If he done the crime he should do the time so stop crying.
Dan is a manc supporter i take it, put yourself in his shoes, you asshole
How can Jack Straw be the justice minister,after all the expenses scandel with all the mps jack straw is not fit to lick michael shields boots, its a disgrace and they should all be ashamed of themselves,who is he to dole out justice, he wouldnt know it if it bit him on the arse
Michael Shields is guilty. A bunch of loudmouths repeatedly braying "innocent" does not make him so. Neither does the ludicrous hearsay they continually repeat. It is shameful that not one of these sanctimonious blowhards has ever thought to mention the permanently brain damaged Martin Georgiev. They are a disgrace as is Shields who gets away with five years served, pathetic.
what a insult to michael shields and his family,jack straw is not fit to be a uk justice secretary.