Man wrongly convicted of murder criticises Reform MS for mooting return of capital punishment

Martin Shipton

Miscarriage of justice victim Michael O’Brien has strongly criticised Reform UK MS Cristiana Emsley after she suggested there should be a debate on bringing back capital punishment.

Mr O’Brien is one of three men known as the Cardiff Newsagent 3 who were wrongly convicted of the murder of newsagent Phillip Saunders at his home in the Canton district of Cardiff in 1988.

Last week, Ms Emsley posted on X a Sun headline that read: “Man tried to rape homeless woman as she lay dying in street”, with the accompanying comment: “What kind of barbarian tries to rape a dying woman? Utter depravity. It’s time for a sober national debate on the death penalty.”

The story described how Hassan Shah was caught on CCTV entering the victim’s tent, where he tried to have sex with her.

After playing CCTV footage of the attack at Bradford Crown Court, the prosecutor told the jury: “During the entire incident you will see that (the victim) does not move. The reason that she did not move is that she was either dying or in fact dead at the time. I should make it clear … that (she) died for reasons unconnected to Mr Shah.”

It is understood that the victim died after consuming a combination of synthetic cannabis and alcohol. A judge had ruled that Shah had a low IQ and a learning disability that left him “unfit to plead”.

The jury unanimously decided that Shah “did the acts” in respect of allegations of attempted rape and attempted assault by penetration. Following the finding that he was unfit to plead, he may face a hospital order, a supervision order or a discharge. The case has been adjourned until December for reports to be prepared.

Mr O’Brien responded to Ms Emsley’s call for a debate on restoring capital punishment, writing: “The death penalty has no place in a so-called civilised society.

“I and many others would have been executed had the death penalty been in place in 1988 when I was wrongly convicted of the murder of Phillip Saunders and served 11 years and 43 days for someone else’s crime before my name was cleared in 1999 at the Court of Appeal.

“You could add to this list the Birmingham Six, the Carl Bridgewater 4, the Cardiff Three, the Darvell Brothers and many more who were wrongly convicted and would also have been murdered by the State.

“Article 2 of the European Convention on Human Rights states that everyone has a right to life, and that should mean what it says.

“We should also remember that miscarriage of justice victims have in the past been executed when capital punishment was in place, including Mahmood Mattan and Timothy Evans. Lessons should be learned from the past and must not be repeated.

“PS I suggest you read my book called The Dossier, which details 15 miscarriages of justice in Wales.”

Wrongly convicted

Mahmood Mattan was hanged in Cardiff in 1952 after being wrongly convicted of the murder of shopkeeper Lily Volpert. His conviction was quashed in 1998.

Timothy Evans, originally from Merthyr Tydfil, was hanged for the murder of his infant daughter, Geraldine, at their home in Notting Hill, London.

Three years after his execution, it was established that Evans’ downstairs neighbour, John Christie, was a serial killer who had murdered several women in the same house. Christie confessed to having murdered Evans’ wife, and an official inquiry later concluded that he had also killed Evans’ daughter. Timothy Evans was posthumously exonerated.

We invited Ms Emsley to respond to Mr O’Brien’s comments, but she did not do so.

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