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Tuesday, December 22, 1998 Published at 01:57 GMT


UK

Murder charge trio freed for appeal

Philip Saunders - murdered near his home

Three men who have spent more than 11 years in jail for a murder they say they did not commit are to be freed pending a renewed appeal against their convictions.


BBC Wales Correspondent Wyre Davies: Granting of bail does not mean appeal will succeed
The so-called Cardiff Newsagent Three - Michael O'Brien, Ellis Sherwood and Darren Hall - were jailed for life in 1988 for murdering newsagent Philip Saunders. They will be released on Tuesday.

Mr Saunders - who ran a kiosk at Cardiff Bus Station - was attacked and murdered near his Cardiff home in October 1987.

BBC documentary

The case against O'Brien, Sherwood and Hall, was based partly on alleged confessions and evidence from people who said they heard them talking about the killing. A 1990 appeal by the three was rejected in March 1990.

One of those convicted of the murders - O'Brien - applied to the Home Office on 9 April 1990 and following a BBC Wales documentary he made a further submission to the Home Office in 1996.

His case was transferred to the Criminal Cases Review Commission for consideration after 31 March 1997 when it took over responsibility for the investigation of suspected miscarriages of justice - previously the job of the Home Secretary.

Breaches of rights

Solicitors acting for Sherwood and Hall then submitted applications to the Review Commission on their behalf in June 1997.

Last month, the Review Commission ruled that their conviction for murder should be referred back to the Court of Appeal.

The findings of the Review Commission are believed to have identified various possible breaches of the Police and Criminal Evidence Act relating to the defendants' right to access to solicitors.

Miscarriages of justice

And on Monday at a private hearing in London, the group were released on bail of £5,000 each.

Lawyers said the judge, Mr Justice Hooper, had insisted the granting of bail should not be taken as an indication that an appeal would succeed.

But he said a number of features in the case were similar to earlier appeals in which miscarriages of justice had been established.

The full hearing of the appeal is expected sometime next year.





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Murder trio win appeal battle





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