Hope Two months ago Yusef Abdullahi passed away, aged just 49. It could and should have been different. Eight years ago I helped to arrange care that he desperately needed. Abdullahi was in a terrible state. He was by his own admission, addicted to heroin and had an alcohol problem too. It was a sadly familiar story and those just didn’t tend to end well. Tony Paris wasn't in as bad a state, but he needed help as well and Stephen Miller was on their doorstep. It came as no surprise that he required help as well.
The Miscarriages of Justice Project (MJP) had been established in 2003 to provide advice and assistance to victims of miscarriages of justice to help them rebuild their lives, but there was a problem. The scheme excluded the Cardiff Three totally and many others too. Only people whose convictions had been quashed after an out of time appeal or a reference back by the Criminal Cases Review Commission (CCRC) qualified for help. This had not been the original intent of Parliament, so they were approached to help anyway.
The MJP agreed that it was the perfect opportunity for them and for Abdullahi to illustrate the absurdity of a policy that forced them not to help even in a clear cut miscarriage of justice just because they had the temerity to win their first appeal, but its then Deputy Director Amarjit Kaur pulled the plug. She claimed that if they even went to see them and assessed their needs, they could lose their funding and not be able to help others, so why had her staff agreed to the visit in the first place. “It’s outrageous,” said miscarriage of justice victim John Kamara. “He was a victim of a miscarriage of justice and clearly needed help. They should have given it to him. What use are they if won’t help people like Yusef when he needed it?”
Michael O’Brien, himself a victim of one of Wales’ most notorious miscarriages of justice, raised the issue of people like the Cardiff Three being excluded with the MJP. He even asked, years later, why Abdullahi was not helped when it was promised. He was told that Abdullahi was offered counselling and turned it down. This is not true. Who says so? Abdullahi for one. Others, including his QC, Roger Backhouse, who helped fill the void created by the lack of care for him, can attest to it. “Yusef was very appreciative of the help that I gave him,” Backhouse said. “He acknowledged and thanked everyone who had taken the trouble to help him.” The MJP was not on that list; he confirmed that he had never received any help from the MJP or offers of help.
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Real Friends Yusef Abdullahi is the first of the Cardiff Three to die. His recent death has re-opened the debate on the provision of after-care to victims of miscarriages of justice. Abdullahi was just 49 and died without having received any assistance to rebuild his life from the Miscarriages of Justice Support Service (MJSS).
“The state has a duty to restore him to the life that he would have had if the miscarriage of justice had not happened,” said Abdullahi's QC and champion Roger Backhouse. “He could have gone to university. He was that intelligent. Yusef is the only person that I would do this for.”
Backhouse used his own resources to try to help Abdullahi. Despite his own failing health Backhouse came and saw Abdullahi, arranged medical assistance for him, helped him fill in social security forms and much more besides. He even contributed to an as yet unbroadcast documentary on the subject. There were others too. Despite being the victim of one of Wales' most notorious miscarriages of justice and needing help himself Michael O'Brien helped Abdullahi too. “I will never forget that Yusef campaigned for me at a time when few others did,” he said. “I wanted to help him and think it outrageous that he never received help. I took it up with the Miscarriages of Justice Project [MJP] before.” It is now called the Miscarriages of Justice Support Service (MJSS).
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Past Caring about After-care |
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| Yusef Abdullahi was wrongly convicted in 1990 of the Valentine’s Day 1988 murder of Lynette White along with Stephen Miller and Tony Paris. John Actie and his cousin the late Ronnie Actie were acquitted. All five were vindicated in 2003 when Jeffrey Gafoor pleaded guilty to Lynette’s murder. It was the first time that this had happened in Britain through DNA testing. The Miscarriages of Justice Project was established that year after a Home Office Working Group had considered the issue, but their consultant misinterpreted his terms of reference and excluded anyone whose conviction was quashed on a first appeal and if like Colin Stagg they had never been convicted at all, they were not even considered for help. The scheme – a limited advice service – was limited to those referred back for appeal by the Criminal Cases Review Commission, or an out of time appeal.
“The Ministry of Justice funds the Miscarriage of Justice Support Service (MJSS) to help those who have had their convictions quashed by the Court of Appeal,” said the Minister of State at Ministry of Justice, Lord McNally in a written response to Lord Laird’s query. “The MJSS provides help with issues such as healthcare, accommodation, finance and relationships. The MJSS' funding has recently been extended for a further year to March 2012 and the Ministry of Justice is working with it to improve the support they provide.”
There is a slight problem with this response; it is not true. The remit and funding agreement of the MJSS does not allow it to help anyone whose conviction was quashed on an in-time first appeal. Almost eight years ago I asked the Miscarriages of Justice Project as it was called then to go and visit Yusef Abdullahi and Tony Paris. They agreed, but reneged on the agreement, claiming that it would affect their funding and therefore ability to help others. Abdullahi in particular really needed help then. It was the least he deserved, but instead he was left to fend for himself. The MJP decided that it could not help him, because he did not come under their remit, which has not been changed.
If he had asked for their help, he would have been referred to his local Citizen’s Advice Bureau (CAB) and they would have been advised that he would call and what to do, rather than receive help from those who had experience of these issues. Lord McNally really ought to have known this and the government should right this wrong without further delay. It is already too late for Abdullahi – he died last month aged just 49. Despite being vindicated Abdullahi did not qualify for help from the MJSS. The same applies to Ronnie Actie and Phillip Skipper, neither of whom was convicted. They have other things in common. They were vindicated and died without reaching 50.
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Cardiff Three left stuck in the past as police face conspiracy charges |
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Written by Duncan Campbell and Satish Sekar
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| | Men wrongly convicted of murder speak out Real culprit admitted guilt 15 years after brutal killing
Life has stood still for Stephen Miller since he was arrested more than 20 years ago and charged with the murder of a young woman in Cardiff. "Not one day goes past without me thinking about the case," he said. "My life is stuck in 1988."
Last week, it was announced that 13 former and serving South Wales police officers were to face charges of conspiracy to pervert the course of justice in connection with the investigation into the murder of Lynette White in 1988. Five innocent men were charged with the murder and three - Miller and two others, together known as the Cardiff Three - were jailed for life. They were freed on appeal in 1992 and the real murderer, Jeffrey Gafoor, pleaded guilty in 2003.
Read the Full Arricle at the Guardian Newspaper >>
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