Man jailed for murder he didn’t commit launches book on injustice
Sep 1 2008 by Martin Shipton, South Wales Echo
NEARLY a decade after being freed from prison after serving 11 years for a crime he did not commit, Michael O’Brien seems finally to have come to terms with himself.
For a long time he was incredibly, and understandably, angry with the police for putting him away. He was also angry with Darren Hall, whose false confession resulted in him going to jail, with Ellis Sherwood, in the first place.
Now, if he’s any anger left, it tends to be directed at himself. Although he had nothing to do with the murder of Cardiff newsagent Phillip Saunders, he blames himself for agreeing to take part in the theft of a car on the fateful night.
He said: “I let down my family, I let down my wife, and I let down my children. If I hadn’t gone out that night I wouldn’t have ended up accused of murder.
“But, of course, that doesn’t excuse the actions of the police. They acted appallingly, and eventually that was accepted by the Court of Appeal.”
For Michael O’Brien, being a miscarriage of justice victim had another tragic consequence: he was in custody when his baby daughter Kylie was a cot death victim.
The book he has written, The Death of Justice (Y Lolfa, £9.95), which is launched today, is part of his healing process. But it also provides powerful testimony to the way innocent people can find themselves convicted of murder when the rules of justice are bent.
Helped by his mother Marlene and coordinated by members of South Wales Liberty, a tenacious campaign was waged on Michael O’Brien’s behalf which eventually bore fruit.
But despite winning a record £300,000 payout from South Wales Police in settlement of a civil case for malicious prosecution, the force has refused to give him an apology.
Now, however, he is rebuilding his life with a new partner Claire and three step-children in Cardiff. He passed an A-level in law, but had to drop out of a university course when he became seriously ill with the lung disease emphysema.
But he is much more settled than he was in the immediate aftermath of his release, and is already writing a follow-up book, intended to be a definitive account of life in prison.
Tonight, there are further disclosures about the case in the ITV Wales current affairs series Wales This Week. The programme, which includes the result of a lie-detector test taken by Michael O’Brien, goes out at 8pm on ITV1 Wales.
Chief Constable Barbara Wilding issued a statement saying: “The thoughts of South Wales Police officers and staff are with the family of Phillip Saunders and, as the 21st anniversary of the day he was killed draws closer, we remember there are family and friends who still grieve for his loss. To this day, South Wales Police continues to have a good relationship with and the support of the family.
“South Wales Police settled civil litigation brought by Mr O’Brien and Ellis Sherwood. The force’s position was that the officers who worked on the investigation into the murder of Phillip Saunders did so in good faith and the force was not liable for malicious prosecution or misfeasance. This position was based on independent legal advice and was supported by the Police Authority.
“However, as a publicly funded organisation, we had to be mindful of the cost of such cases and the unpredictability of the litigation process. Therefore, in accordance with that legal advice, payments into court were made in full and final settlement of the claims of Mr O’Brien and Mr Sherwood. It is emphasised that this was done without any admission of liability and in full and final settlement. Mr O’Brien and Mr Sherwood chose to accept the payments on that basis rather than going to trial. They and their legal advisers were fully aware that this made an apology inappropriate.
“As to the present position in respect of the reinvestigation into the murder of Phillip Saunders, advice has been taken from the Crown Prosecution Service and while there is no further action that can be taken at this stage, the case, as with all unsolved murders, will remain open and will be revisited periodically in case new evidence comes to light.”
martin.shipton@mediawales.co.uk