Wrongly Convicted Database Record
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Charge: |
Arson |
Sentence: |
6 years |
Years Imprisoned: |
0.75 |
Year Crime: |
2003 |
Year Convicted: |
2004 |
Year Cleared: |
2006 |
U.S. State or Country of Crime: |
New Zealand |
County or Region of Crime: |
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City of Crime: |
Foxton |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Phillip Johnston was co-defendant of Donald (Jaden) Knight. Johnston and Donald Knight were wrongly convicted in 2004 of a November 2003 arson fire at the Manawatu Hotel in Foxton, New Zealand. After an 8 hour interrogation Knight confessed to the arson and implicated Johnston -- who maintained he had nothing to do with the crime. Although Knight retracted his confession immediately after his interrogation stopped, Johnston, 28, was charged with starting the fire, and Knight, 27, was charged with assisting him. After an 8 day trial they were convicted in September 2004. They were both sentenced to six years imprisonment. Both men's convictions were quashed in June 2005 based on the judge's erroneous summing up of the case to the jury, and they were released while awaiting a retrial. Johnston was acquitted after a retrial in August 2006, and the charges were then dropped against Knight in February 2007 based on new evidence that neither man was resonsible for the arson. Both men were wrongly imprisoned for nine-and-a-half months (287 days). In February 2007 both men filed claims with New Zealand's government for compensation. On May 11, 2011 it was announced that New Zealand's government awarded Johnston compensation of NZL$146,011 and Knight NZL$221,936. At the conversion rate on May 11, 2011 of 0.790829 NZL$ to the U.S. Dollar, Johnston's comp was US$114,470 and Knight's was US$175,513." |
Conviction Caused By: |
False confession by Donald (Jaden Knight and police misconduct of concealing exculpatory evidence. |
Innocence Proved By: |
"Johnston was acquitted after a retrial in August 2006, and the charges were then dropped against Knight in February 2007." |
Defendant Aided By: |
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Compensation Awarded: |
"NZL$146,011 (May 11, 2011) (At the conversion rate on May 11, 2011 of 0.790829 NZL$ to the U.S. Dollar, Johnston's comp was US$114,470.)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Police apologise to duo wrongly jailed for arson, New Zealand Lawyer, March 23, 2007" |
Information Location 1: |
http://www.stuff.co.nz/stuff/4001978a12855.html |
Information Source 2: |
"Tearful mother hits out at 'institutional bullying', Otago Daily Times, May 11, 2011" |
Information Location 2: |
http://www.odt.co.nz/news/national/159980/tearful-mother-hits-out-institutional-bullying |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org