Wrongly Convicted Database Record

 

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Michael Gerard Magee

 

Charge:

Murder (Conspiracy to commit murder)

Sentence:

20 yrs

Years Imprisoned:

11

Year Crime:

1988

Year Convicted:

1990

Year Cleared:

2001

U.S. State or Country of Crime:

United Kingdom

County or Region of Crime:

Northern Ireland

City of Crime:

Antrim

Result:

Judicially Exonerated

Summary of Case:

"Michael Gerard Magee, aka Gerard Magee, was wrongly convicted in 1990 of conspiracy to murder and conspiracy to cause and explosion after a bench trial. The charges were related to an alleged plot to attack British troops with a bomb discovered under a road near Antrim in December 1988. Magee was sentenced to 20 years in prison. Magee served nearly half his sentence before being released under the terms of the Good Friday Agreement that went into force on December 2, 1999. In 2000 the European Court of Human Rights (ECHR) held that his admissions, made after being denied access to a solicitor for two days, were in breach of his right to a fair trial. Magee's case was referred by the Criminal Cases Review Commission on the basis his admissions were unreliable because the police denied him access to legal counsel. Magee's conviction quashed by the Court of Appeals on April 6, 2001. In 2014 the Department of Justice denied Magee's claim for compensation on the basis there was no ‘new or newly discovered fact’ within the meaning of the compensation statute (Section 133). Magee appealed, and on April 6, 2016 the Court of Appeals affirmed the denial of compensation, and additionally ordered that Magee pay the Department of Justice's costs."

Conviction Caused By:

Confession coerced by police without Magee being given access to a lawyer.

Innocence Proved By:

"Court of Appeals quashed conviction on April 6, 2001.after referral by the Criminal Cases Review Commission"

Defendant Aided By:

Compensation Awarded:

Denied by Northern Ireland.

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Man wrongly jailed for IRA bombing loses appeal over compensation, The Irish News, April 7, 2016"

Information Location 1:

http://www.irishnews.com/news/2016/04/08/news/a-man-whose-conviction-for-conspiracy-to-murder-soldiers-was-quashed-faces-legal-bill-after-losing-his-fight-for-compensation-478190/

Information Source 2:

"Recent Case Statatistics, Criminal Cases Review Commission"

Information Location 2:

http://www.ccrc.gov.uk/latestnews/latestnews_case.html

Information Source 3:

"Reversed conviction due to European Convention breach does not give rise to compensation, By Rachel Killean, Irish Legal News, May 4, 2016"

Information Location 3:

http://www.irishlegal.com/4188/reversed-conviction-due-to-european-convention-breach-does-not-give-rise-to-compensation/

Information Source 4:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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