Man wrongfully convicted of murder has £37,500 deducted from compensation over 'jail expenses'

• ITV Wales journalist Richard Morgan has the story

A man whose name was cleared after spending more than 11 years in prison says he’s considering legal action over jail "living expenses".

Michael O’Brien was convicted of murder in 1988 but his conviction was quashed in December 1999.

He has since received compensation from the Home Office, but £37,500 was deducted from his £600,000 payout for so-called "saved living expenses" from the time he spent incarcerated.

Now Mr O’Brien says he is considering suing the UK Government, who have so far refused to reimburse the money.

"11 years and 43 days I was in prison, through no fault of my own - so why should I pay this board?" he told ITV Cymru Wales.

"I’m just hoping the pubic will get behind us because we need to change this law."

Mr O’Brien’s nightmare started in 1987, when he and two other men - Darren Hall and Ellis Sherwood - were arrested over the brutal murder of Cardiff newsagent Phillip Saunders.

Mr Saunders had been attacked on his way home from work, in an attempt - police said - to rob him of his £500 in takings.

The 52-year-old had been violently beaten around the head, with a blood-spattered spade being found near his body.

Michael O’Brien - who was 19 at the time - told police that he and the other men had been out attempting to steal cars on the night in question.

But he claimed to have an alibi, proving that he couldn’t have been at the scene of the crime.

Despite this, he and the others were charged with murder, with police later relying in court on a confession obtained from one of the men - Darren Hall - which was later found to be unsafe.

Michael O’Brien continued to protest his innocence after he was jailed for life for murder.

In 1999, he and the other members of the "Cardiff Newsagent Three" were cleared at the Court of Appeal.

Mr O’Brien later received £600,000 in compensation from the Home Office, and a separate £300,000 from South Wales Police.

But the scars of his wrongful conviction are still taking their toll.

"It’s had a profound effect on me," he said.

"l lost my daughter when I was on remand, she died of cot death. My stepfather died when I was in prison. It destroyed my marriage.

"I haven’t spoken to my son for nearly 12 years. And I do find it really difficult.

"I suffer from post-traumatic stress disorder, still. I’m on medication. I’m still seeing a psychiatrist and I’m probably going to do that for the rest of my life."

Last year, the UK Government announced that financial awards made as part of the Miscarriage of Justice scheme would no longer have saved living expenses deducted.

It came following the release of Andrew Malkinson from Greater Manchester, who served 17 years following a wrongful conviction for rape.

But, crucially, the Ministry of Justice says the changes won’t apply "retrospectively".

"Financial awards made after 6 August 2023 as part of the Miscarriage of Justice scheme will not have saved living expenses deducted," a spokesperson said.

"However, in line with the standard approach to changes in government policy, the change announced last year does not apply retrospectively."

Matt Foot, a co-director with legal charity Appeal, says the change should apply to historical cases like Mr O’Brien’s.

"The reason [the UK Government] have changed this law is because everybody accepts that this is wrong," he said.

"So once we’ve accepted this, it naturally follows that anyone who’s been subject to it should have that money recouped."

Mr Foot believes there’s a good chance of success for any legal action.

"I think there is a very good prospect, both politically and legally, that they can recoup this money because we’re talking about small numbers of people who’ve been subject to this," he added.

Paul Blackburn, who served 20 years after a wrongful conviction for attempted murder, is also campaigning to have saved living costs refunded.

As is John Kamara, whose murder conviction was ruled unsafe in 2001, two decades after he was sent to prison.

Mr O’Brien says there are others who have been affected, but that the amount of money at stake for the government is not that large.

"The figures we’re looking at are not that big," he said.

"When you consider the cost of being in prison in the first place and then offset that by paying us what they owe us, it’s only a fraction of the cost of keeping someone in prison for one year.

"So it just makes no sense."

Michael O’Brien has started an online petition which has attracted 50,000 signatures so far.

He says he and his co-claimants could commence legal action later this year.

Nearly four decades on, his fight for justice continues.

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