Woodward questions Morrison's innocence

17 April 2010
The Irish News
Barry McCaffrey

Former Sinn Fein publicity director Danny Morrison is unlikely to receive compensation for years spent in jail - despite having his conviction quashed - because he is not "innocent". In October 2008 the Court of Appeal overturned Mr Morrison's conviction along with six other people for the abduction of Special Branch informer Alexander Lynch.

However, Secretary of State Shaun Woodward has ruled that Mr Morrison and the others have still not proved themselves "demonstrably innocent". He said compensation should only be paid where new evidence proves "beyond reasonable doubt" a miscarriage of justice.

Mr Morrison, was jailed for eight years in 1991 for false imprisonment. Gerard Hodgins, John 'Anto' Murray, James O'Carroll, James Martin, Veronica Ryan and their son Liam Martin were also convicted in relation to the abduction. At the trial Mr Lynch said Freddie Scappaticci, later identified as British army agent 'Stakeknife', was his main interrogator.

In 2008 the Criminal Cases Review Commission (CCRC) referred the case back to the Court of Appeal but would not reveal its reasons because of "national security" issues. Then lord chief justice Sir Brian Kerr quashed all seven convictions after finding that evidence had been withheld from the original trial which would have "almost certainly" led to their acquittals.

Following their acquittal it was speculated that the seven could receive hundreds of thousands of pounds in compensation. However, Mr Woodward said they are unlikely to qualify.

In a letter to solicitors for the acquitted Mr Woodward said: "Clearly the applicants have had their conviction reversed as a result of a new or recently discovered fact. "They have not yet, however, demonstrated that this has shown that beyond reasonable doubt there has been a miscarriage of justice in the sense that they are demonstrably innocent."

Mr Morrison described the decision as "bizarre". "The appeal court and the lord chief justice declared that had certain evidence in our case been disclosed there either would never have been a prosecution or that the trial would have collapsed or that we would have been acquitted. In other words, we're innocent," he said. "Our convictions were overturned on the basis of this secret evidence. But now we are being told by the secretary of state to tell him what this secret evidence is in order to qualify for compensation - secret evidence that is in his possession but not ours."

Solicitor Kevin Winters, who represents four of the acquitted, said his clients would now take legal proceedings against the chief constable, Ministry of Defence and the attorney general. Civil proceedings will also be launched against Scappaticci.