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Sat, Feb 11 2012
Bulgaria receives Shields' case documents
Photo: Georgi Kozhouharov
Steve Williams, UK ambassador to Bulgaria, has officially notified Bulgaria's Justice Ministry of the pardon given to Michael Shields, a statement on the Ministry's website said on September 10 2009.
All copies of the respective documentation have been received at the Ministry and were later sent to the Supreme Cassation Prosecutor-General’s Office which had requested it in the first place.
According to a statement by the justice ministry, Shields' pardon does not defy the code of The European Convention on the Transfer of Sentenced Persons under which Shields was sent to the UK in November 2006 to serve out his 10-year sentence imposed by the Bulgarian court in July 2005.
After Shields' transfer to the UK, jurisdiction over his sentence was ceded to the UK authorities.
Article 12 of the convention – Pardon, amnesty, commutation – says that each party may grant a pardon, amnesty or commutation of the sentence in accordance with its constitution or other laws. This was precisely the case with Shields, the Ministry said.
During the weekly session of the Supreme Judicial Council on September 10, Lazar Gruev, chairperson of the Supreme Court of Cassation, said that Shields' pardoning was unrelated to the Bulgarian court's ruling.
"A pardon is an act of mercy on the part of the state," he told reporters.
Similarly, UK justice secretary Jack Straw had earlier said that his decision to pardon Shields was "not a criticism of the Bulgarian court's judgment". Straw said: "I've seen evidence that they did not."
Prosecutor-General Boris Velchev said that if new evidence were provided, the case could be reopened. He said that it was irrelevant to comment on the pardon because this decision was an act by the UK authorities.
According to judge Nelly Koutskova, spokesperson of the Bulgarian Judges Association, Shields' pardon should not be interpreted as a criticism of Bulgaria's judiciary.
"I don't thing that the Bulgarian court did anything wrong in its work on this case," she told Bulgarian National Television on September 10.
"The case went through all three court stages and you probably remember that there was a serious anti-Bulgarian campaign led by the UK's Sun newspaper who wanted his immediate release," she said. "I wouldn't say that the British have no respect for our legal system because Shields was not freed immediately on his return to the UK. I don't consider the fact that after four years they decided to pardon one of their own citizens should be seen as a slap in the face for Bulgaria's judiciary. Bulgaria also has controversial cases of pardons being granted to prisoners," she said.
"There is absolutely nothing we can do in this case and neither do we need to," said Yosif Geron, deputy-chairperson of The Union of Bulgarian Jurists. "After all, this is a sovereign entitlement of the British queen," he told BNT, referring to Straw's directive, which, in theory at least, is exercised on behalf of the head of state.
"She also pardons people sentenced by UK courts. Does this mean that we should question that as well?" he asked. "We must be realistic and not let emotions hold sway. Legal systems are not perfect," he said.
All copies of the respective documentation have been received at the Ministry and were later sent to the Supreme Cassation Prosecutor-General’s Office which had requested it in the first place.
According to a statement by the justice ministry, Shields' pardon does not defy the code of The European Convention on the Transfer of Sentenced Persons under which Shields was sent to the UK in November 2006 to serve out his 10-year sentence imposed by the Bulgarian court in July 2005.
After Shields' transfer to the UK, jurisdiction over his sentence was ceded to the UK authorities.
Article 12 of the convention – Pardon, amnesty, commutation – says that each party may grant a pardon, amnesty or commutation of the sentence in accordance with its constitution or other laws. This was precisely the case with Shields, the Ministry said.
During the weekly session of the Supreme Judicial Council on September 10, Lazar Gruev, chairperson of the Supreme Court of Cassation, said that Shields' pardoning was unrelated to the Bulgarian court's ruling.
"A pardon is an act of mercy on the part of the state," he told reporters.
Similarly, UK justice secretary Jack Straw had earlier said that his decision to pardon Shields was "not a criticism of the Bulgarian court's judgment". Straw said: "I've seen evidence that they did not."
Prosecutor-General Boris Velchev said that if new evidence were provided, the case could be reopened. He said that it was irrelevant to comment on the pardon because this decision was an act by the UK authorities.
According to judge Nelly Koutskova, spokesperson of the Bulgarian Judges Association, Shields' pardon should not be interpreted as a criticism of Bulgaria's judiciary.
"I don't thing that the Bulgarian court did anything wrong in its work on this case," she told Bulgarian National Television on September 10.
"The case went through all three court stages and you probably remember that there was a serious anti-Bulgarian campaign led by the UK's Sun newspaper who wanted his immediate release," she said. "I wouldn't say that the British have no respect for our legal system because Shields was not freed immediately on his return to the UK. I don't consider the fact that after four years they decided to pardon one of their own citizens should be seen as a slap in the face for Bulgaria's judiciary. Bulgaria also has controversial cases of pardons being granted to prisoners," she said.
"There is absolutely nothing we can do in this case and neither do we need to," said Yosif Geron, deputy-chairperson of The Union of Bulgarian Jurists. "After all, this is a sovereign entitlement of the British queen," he told BNT, referring to Straw's directive, which, in theory at least, is exercised on behalf of the head of state.
"She also pardons people sentenced by UK courts. Does this mean that we should question that as well?" he asked. "We must be realistic and not let emotions hold sway. Legal systems are not perfect," he said.
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"I am a manchester united fan i hate liverpool.."
That sentence alone gives you an idea of the general intellectual level of the British mob clamoring for Shields' innocence and threatening to sabotage Labor's re-election.
What barbarians...
I am a manchester united fan i hate liverpool but i can clearly see that michael shields was innocent. Have a look at the programme called michael shields the forgotten fan then you'l realise he was innocent. There is a top detective examining the case. Even IF and a BIG IF he done it does that give them the right to treat him how they did. Let the public see him hancuffed to the side in reception for everyone to see and he couldnt even move for many hours. So i think the bulgarians have got it wrong therefore they [...]
Read the full comment should give him an apology. You say they had 20 witnesses he also had 3 people hu witenessed him sleeping in bed which is more than enough to prove hes innocent.
Just some facts to the brits, before they continue talking without knowing:
1st Around 20 witnesses pointed Shields as the guilty one.
2nd The statement of Sankey was s.th. like "There was a fight. I threw a stone and turned back to run. Maybe I have hit s.o., but I am not sure" How does this sounds to you. To me, lke a cartoon network epizode. If you are really interested in the truth, find picture of the victim and how his skull looks like. Then you will probaly realize if this throwing and running back [...]
Read the full comment can cause the damage.
Just some facts to the brits, before they continue talking without knowing:
1st Around 20 witnesses pointed Shields as the guilty one.
2nd The statement of Sankey was s.th. like "There was a fight. I threw a stone and turned back to run. Maybe I have hit s.o., but I am not sure" How does this sounds to you. To me, lke a cartoon network epizode. If you are really interested in the truth, find picture of the victim and how his skull looks like. Then you will probaly realize if this throwing and running back [...]
Read the full comment can cause the damage.
I'm stunned personally that even Littlejohn admits that Shields may well be innocent - he's normally of the "Innocent until proven Scouse" school of justice.
Ivan - All people are saying is that (possibly/probably) the police got the wrong Englishman. I sincerely hope that the case is reopened, and the real culprit extradited to Bulgaria to stand trial and clear Shields's name once and for all.
Miscarriage of Justice??? Are you retarded? You can call it miscarriage of justice ONLY IF this has been proven by a court in the jurisdiction, where Mr. Shields was found guilty of attempted murder. This has not happened, has it?
And I find it amazing how "British citizens" are convinced their compatriot is innocent without being lawyers, without having a good look of the evidence, the witnesses and etc... The pardon given by Mr. Straw means NOTHING - it certainly doesn't mean that Mr. Shields is innocent. He is simply a pardoned criminal.
If you read the article by Richard
Littlejohn, of the Daily Mail -
which has been published in the Sofia Echo, you will sere that
British citizens are uneasy about
the miscarriage of justice. as far as we can tell Grahma Sankey is
guilty of the crime - and he should have been brought to justice. Jack Straw's pardon has
been politically motivated. And he
has done nothing about making the true culprit pay for his crime.
I feel really sorry for the Bulgarian [...]
Read the full comment victim and his family.