Description
Michael Magee was convicted of charges relating to an alleged plot to attack British troops. The evidence against him consisted primarily of oral admissions and a written statement made during police questioning. In 2000, the European Court of Human Rights held that his admissions, made after being denied access to a solicitor for two days, were made in breach of his right to a fair trial. His conviction was quashed in light of this finding. The court concluded that it would not be justified to find that the conviction was safe in light of the European Court of Human Rights finding.
Jurisdiction
Northern Ireland
Dates
Year Conviction was Overturned
2001
Research information
Link to Full Case
https://www.bailii.org/nie/cases/NICA/2000/18.html
Offences
Offence Convicted Of
Conspiracy to muder & cause explosion; possession of explosives with intent
Most Serious Offence
Murder
Courts
Factors Involved
Confession, Official misconduct
Affirmative Evidence of Innocence
Fresh Evidence
Evidence undermining the reliability of a confession
Neutral Citation
[2001] NICA 18
Online Press
https://www.irishlegal.com/article/reversed-conviction-due-to-european-convention-breach-does-not-give-rise-to-compensation
Crown Argued Case at CofA
Previous Appeals
Unsuccessful appeal in 1993
Number of Previous Applications
1
Legal Representation on Appeal