Michael O'Brien, one of the "Cardiff Newsagent Three" , who spent 11 years in prison for a murder he did not commit, has launched a High Court challenge to the government's compensation scheme for victims of miscarriages of justice.

During his years in prison, not only was Mr O'Brien branded a murderer, but he was also divorced from his wife and missed out on his only son's childhood. His father and baby daughter died whilst he was in custody and he had to attend the funerals handcuffed to prison officers.

The government's compensation scheme does not explain exactly how each award has been decided and refuses to make its decisions public. By speaking to other victims of miscarriages of justice, including the Birmingham Six, Mr O'Brien has learned that different rules are applied in different cases for no apparent reason.

Mr O'Brien has been awarded just £125,000 for the "consequences of imprisonment" which includes not only the loss of 11 years of liberty but also the damage to his reputation, loss of his family relationships and his difficult experiences in prison. In the longest false imprisonment case to come before the UK courts, the Court of Appeal awarded a man £25,000 for 42 days false imprisonment for non-payment of a fine. Mr O'Brien's award is woefully inadequate and does not reflect what he has been through. He has refused to accept it.

A deduction of £37,000 has been made from Mr O'Brien's separate award for lost earnings which is intended to cover the everyday living expenses he would have spent on rent, food, etc had he not been imprisoned. But paying rent would have given him a home and instead he had only a prison cell and prison food. This deduction amounts to a charge for his "board and lodging" in prison. This not only adds insult to injury but is forbidden under UK law. In effect, those who have been wrongly convicted are being treated more harshly than prisoners who are guilty and have been properly convicted by the courts.

Michael O'Brien's case is waiting to be looked at by a High Court Judge and the Assessor appointed by the government has submitted that he is standing by his Decision.

Mr O'Brien said " The way the Home Office treats victims of Miscarriages of Justice in relation to compensation claims is nothing short of contempt."

Mr O'Brien's solicitor, Nogah Ofer, said " the compensation scheme has always been shrouded in secrecy and there does not appear to be an established formula for working out how much compensation should be awarded. It is time we had transparency with clear rules applied consistently to all applicants"

For more details contact:  

Michael O'Brien

m.obrien5@ntlworld.com

Nogah Ofer

Hickman & Rose solicitors

020 7700 2211