Two men convicted of conspiring to commit one of Europe's largest armed robberies have today been released by the Court of Appeal.
In 2002
James (Shay) Power and
Graham Huckerby were convicted of conspiring to commit armed robbery and were sentenced to fourteen years imprisonment. Both men have protested their innocence throughout and both launched an appeal against their convictions, with a two-day hearing having taken place on 11 and 12 November.
In July 1995 armed robbers stole £6.6 million in cash and cheques from a security van at the Midland Bank Clearing Centre in Salford, Greater Manchester. None of the robbers were ever traced and none of the stolen money has ever been recovered.
Graham Huckerby was the security van driver. Fearing his colleague, who had left the vehicle, was being held hostage and with a shotgun being pointed at him, in fear Huckerby allowed the robbers in the van. He did not want his colleague to be killed as he had once witnessed another colleague being violently attacked with a hammer and knife.
Despite a lack of evidence the jury were satisfied that Huckerby was the 'inside man' and Power was his 'handler'. Both were convicted after the first trial ended with a jury having been unable to reach a verdict.
Today the Court of Appeal ruled the convictions unsafe and this morning both men left their prisons, walking to freedom. At this moment in time the appeal judges are deciding whether there should be a retrial but this possibility is thought to be very slim due to the poor nature of the evidence against Graham and Shay.
Quashing the convictions it was said: "We are not satisfied as to the safety of the conviction of Huckerby and his appeal against conviction will be allowed. In the light of the concession of the Crown, it follows that the appeal of Power will also be allowed. It is therefore unnecessary to consider Huckerby's appeal and Power's application for leave to appeal in respect of the Confiscation Orders which must be set aside. The court will consider the question of a retrial following the handing down of this judgment."
Scott Lomax, who ran the Justice For James Power campaign group and writes about those who have been wrongly convicted, says: "We are incredibly pleased with the successful outcome of this appeal. For Shay and Graham to be home in time for Christmas is fantastic, though we know that neither man should have ever been imprisoned in the first place. They have been forced to endure years of punishment simply because the so-called justice system failed them. None of the masked, armed raiders were ever found and now the two who allegedly conspired to commit this unsolved robbery have had their convictions overturned. Now that their scapegoats have been freed
I hope Greater Manchester Police will realise what a failure their investigation has been."
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