Monday 16 December 2013

Police to review rape case for which wrongly convicted man was jailed!


West Mercia police are to review the original case for which Victor Nealon was wrongly convicted and spent 17 years in prison, the force has confirmed, with DNA evidence pointing to another perpetrator.
Victor Nealon
Nealon, the former postman who was freed from Wakefield prison on friday within hours of his conviction being quashed at the court of appeal, told the Guardian he wanted to pursue justice for the victim too: "I want to show my support towards the victim. I want to make clear that the police should reopen this case. I think they owe her an explanation and justice as well."
Nealon, 53, was given a discretionary life sentence in January 1997 for the attempted rape of a 22-year-old woman leaving a nightclub. But when DNA evidence on the victim's clothing was finally tested on the urging of appeal lawyers, the samples belonged to another, unknown man.
Detective Superintendent Adrian McGee of West Mercia police said: "We have been in touch with the victim to ensure that she is kept up to date and in the light of developments at the court of appeal we will be reviewing the case.
"We are currently waiting for papers from the Crown Prosecution Service and Criminal Cases Review Commission so that we can make a full assessment of all the information and evidence available."
The conviction was overturned by three judges in a short hearing on Friday. Nealon, who watched his appeal hearing via a video link from Wakefield prison, was discharged from prison within a few hours of the verdict, leaving Wakefield for the first time since 1997.
Originally from Dublin, Nealon was living and working in Redditch, near Worcester, when he was jailed, and made his way back towards the West Midlands. Now homeless, he left prison with a discharge grant of just £46.
He said on Sunday: "I've been destitute and emotionally topsy-turvy. Coming out of prison after 17 years isn't an easy experience."
In a broadcast interview with BBC Hereford and Worcester on Monday morning, Nealon said he was not bitter, despite the injustice he had suffered. "I've seen what bitterness can do; it's like cancer eating a person.
"I have become over the years a little more detached and academic in my attitude to this."
Wakefield is a category A prison for serious offenders, where Nealon was imprisoned along with the likes of Harold Shipman and the Soham murderer, Ian Huntley.
He said he took recourse in studying the law and fighting for justice – although refusing to admit guilt meant he had fewer privileges than other offenders, and ultimately was refused parole.
"It was devastating at first. Mentally I was destroyed. I had to detach myself from the regime and fight my own battle. I'm alive today and I've still got my sanity."
But, he said: "The Victor who was Victor before I was convicted no longer exists. I dedicated my life to overturning this conviction."
The Criminal Cases Review Commission referred the case – huighlighted since 2010 by the Guardian as a potential miscarriage of justice – to the court of appeal earlier this year.
Nealon's solicitor Mark Newby, who spent five years attempting to secure his release, will help him consider a potential fight for compensation and some kind of interim support.
John Hemming MP is planning to table an early day motion on issues raised by Nealon's case, especially including the denial of parole for prisoners who refuse to admit guilt.
He said: "At the moment, however, my biggest concern is that Victor ended up on the streets on Friday night. The government have still not resolved the issue of how to handle cases of people who are released through being found not guilty, particularly after long periods of incarceration."
Nealon has been assisted by supporters to stay temporarily in a B&B room in Worcester.

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