A Man Wrongly Convicted of Murder Loses Legal Battle to Recover Bed and Board Charges
A man who was wrongly convicted of murder has lost a legal challenge aimed at recovering the money he was charged for bed and board during the 11 years he spent in prison. The case highlights ongoing issues faced by individuals who have been victims of miscarriages of justice.
Michael O’Brien was one of three men wrongfully convicted in the 1987 killing of Cardiff newsagent Phillip Saunders. After being released, he had £37,500 deducted from his compensation to cover “saved living expenses” while in prison. This deduction has been a point of contention for O’Brien, who has campaigned for its return.
However, a High Court judge has rejected his attempt to bring a judicial review of the deduction, which was made by the Ministry of Justice (MoJ). An MoJ spokesperson stated that such deductions are no longer applied to victims of miscarriages of justice, but clarified that the change does not apply retrospectively.
O’Brien, now 57, described the ruling as a “blow,” expressing hope for a hearing before judges. He noted that further legal action could cost over £100,000, making it financially unfeasible. He also expressed frustration with the decision, calling it “another kick in the teeth.”
O’Brien’s legal battle was supported by Paul Blackburn, who spent 24 years in prison for a 1978 child murder he did not commit. Both men received significant compensation upon their release—O’Brien received £692,900 in 2002, while Blackburn was awarded £1,370,500 in 2011. However, Blackburn also had around £100,000 deducted for saved living expenses.
In August 2023, Alex Chalk, then Conservative Justice Secretary, abolished the policy of deducting bed and board costs from future payouts. This followed the high-profile case of Andrew Malkinson, who was wrongfully imprisoned for 17 years for rape. Despite these changes, the new Labour government ruled last year that those who had already received payouts could not claim back the deductions retroactively.
This week, Mr Justice Ritchie refused to allow O’Brien and Blackburn’s case to proceed, although they have a week to appeal. He found that the claimants had not been discriminated against and that their applications were finalized before the policy change.
Andrew Taylor, a Cardiff-based barrister, criticized the ruling as “unfair,” drawing parallels to the fight for justice by former postmasters involved in the Horizon scandal. He suggested that increasing public awareness, similar to what happened in the Horizon case, could be an effective next step for O’Brien.
Taylor emphasized that O’Brien has been a tireless campaigner since his release and believes the matter is not yet concluded. He added that if someone is wrongfully convicted of murder, they never truly recover.
O’Brien now faces limited options, including attempting to change the law or taking his campaign “onto the streets” by lobbying MPs. He also mentioned that his fight for justice has affected his health, leading to post-traumatic stress disorder (PTSD), which he compares to the trauma experienced by soldiers who served in Iraq.
The case underscores the long-term emotional and financial toll on those who have been wrongfully convicted. It also raises questions about the fairness of policies that continue to penalize individuals even after their innocence is proven.
Key Points
- Michael O’Brien was wrongly convicted of murder and spent 11 years in prison.
- He was charged for bed and board during his incarceration, which was later deducted from his compensation.
- A High Court judge rejected his legal challenge to reclaim the money.
- The Ministry of Justice stated that such deductions are no longer applied, but not retroactively.
- O’Brien and Paul Blackburn, another wrongly convicted individual, both had portions of their compensation deducted.
- Changes to the policy were introduced in 2023, but they do not apply to those who have already received payouts.
- O’Brien is considering legal and public campaigns to seek justice.
- His experience has led to long-term psychological effects, including PTSD.
