Wrongly Convicted Database Record
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Charge: |
Firearm related (including ammunition) |
Sentence: |
4 months suspended & 180 hrs community service |
Years Imprisoned: |
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Year Crime: |
2008 |
Year Convicted: |
2008 |
Year Cleared: |
2009 |
U.S. State or Country of Crime: |
United Kingdom |
County or Region of Crime: |
England |
City of Crime: |
Liverpool |
Result: |
Judicially Exonerated |
Summary of Case: |
"Thomas Smart was wrongly convicted in 2008 of possessing ammunition. His conviction was based on a report by the Forensic Science Service (FSS) that the police found a bullet in the room where he lived was live ammunition. The search was unrelated to anything Smart was alleged to have done. The 20-year-old Smart pled guilty when confronted with the FSS report that he could only counteract with his protestation of innocence. Smart was sentenced to a four month suspended jail sentence and 180 hours of community service -- which he completed. Smart's conviction was quashed in 2009 after the FSS admitted that it had mixed up up his £3 keyring taken from his room with a live bullet from another exhibit. Smart filed a compensation claim which was denied by a judge who ruled the FSS was protected by the legal immunity from civil negligence claims granted to witnesses and experts in criminal trials. Smart then filed a lawsuit seeking compensation, which his lawyer said, "If successful it looks like we'll be creating a precedent whereby a prosecution expert witness will be held liable to defend it [the evidence] in criminal proceedings." The lawsuit alleges crucial exhibit records were altered and that one member of staff either knew the "bullet" was not a live round or was "recklessly indifferent" to the truth." |
Conviction Caused By: |
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Innocence Proved By: |
Smart's conviction was quashed in 2009 after the FSS admitted that it had mixed up up his £3 keyring taken from his room with a live bullet from another exhibit in the case. |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
20 |
Age When Released: |
20 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Man sues over forensics live bullet conviction mix-up, BBC News, June 7, 2013" |
Information Location 1: |
http://www.bbc.co.uk/news/uk-england-merseyside-22815259 |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org