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Cardiff Newsagent Three: Challenge over no perjury charge | Cardiff Newsagent Three: Challenge over no perjury charge |
(35 minutes later) | |
A man wrongly convicted of murder has launched a High Court challenge over a decision not to charge a former police officer with perjury and conspiracy to pervert the course of justice. | |
Michael O'Brien and two other men spent 11 years in jail after they were wrongly found guilty of killing Cardiff newsagent Phillip Saunders, 52. | Michael O'Brien and two other men spent 11 years in jail after they were wrongly found guilty of killing Cardiff newsagent Phillip Saunders, 52. |
Known as the Cardiff Newsagent Three, Mr O'Brien, Darren Hall and Ellis Sherwood, were jailed in 1988. | Known as the Cardiff Newsagent Three, Mr O'Brien, Darren Hall and Ellis Sherwood, were jailed in 1988. |
They were cleared on appeal in 1999. | They were cleared on appeal in 1999. |
Mr O'Brien applied for judicial review of a Crown Prosecution Service (CPS) decision that there was insufficient evidence to charge retired Det Insp Stuart Lewis. | |
The application is being heard at London's High Court by the Lord Chief Justice, Lord Thomas, who is sitting with Mr Justice Irwin. | The application is being heard at London's High Court by the Lord Chief Justice, Lord Thomas, who is sitting with Mr Justice Irwin. |
Lord Thomas told Heather Williams QC, appearing for Mr O'Brien: "The key issue we have to consider is whether the decision that has been made by the CPS was one no reasonable prosecutor would have reached." | Lord Thomas told Heather Williams QC, appearing for Mr O'Brien: "The key issue we have to consider is whether the decision that has been made by the CPS was one no reasonable prosecutor would have reached." |
Ms Williams is arguing the CPS decision was "perverse" because of a failure to take into account relevant matters and a flawed information-gathering process. | Ms Williams is arguing the CPS decision was "perverse" because of a failure to take into account relevant matters and a flawed information-gathering process. |
Lord Thomas ruled that the press and media can report the fact that Mr O'Brien's application is being made to the court, but not the details of the case. | Lord Thomas ruled that the press and media can report the fact that Mr O'Brien's application is being made to the court, but not the details of the case. |
Mr Saunders died five days after being attacked and robbed close to his home in Canton, Cardiff, in October 1987. | Mr Saunders died five days after being attacked and robbed close to his home in Canton, Cardiff, in October 1987. |
He had returned home in his van after working at his newsagent kiosk at Cardiff bus station and suffered a fractured skull. | He had returned home in his van after working at his newsagent kiosk at Cardiff bus station and suffered a fractured skull. |
The jailing of the Cardiff Newsagent Three for the killing is regarded as one of the country's most notorious miscarriages of justice cases. | The jailing of the Cardiff Newsagent Three for the killing is regarded as one of the country's most notorious miscarriages of justice cases. |