A PEMBROKESHIRE man who spent five years behind bars for a crime he did not commit has been denied compensation under what legal experts describe as an “inhumane” and “cruel” government policy.

Brian Buckle, who was exonerated of all charges in 2023 after a gruelling legal battle, has spoken of his devastation upon receiving a rejection letter from the Ministry of Justice. The letter acknowledged his innocence but stated that he had failed to prove “beyond a reasonable doubt” that he had not committed the crimes.

The decision has reignited fierce debate over the 2014 law change that places the burden of proof on victims of wrongful conviction, a policy unique to England and Wales. Critics argue that the system is designed to minimise payouts, leaving innocent individuals without financial support to rebuild their lives after years of wrongful imprisonment.

FIVE YEARS BEHIND BARS FOR A CRIME HE DID NOT COMMIT

Mr Buckle was imprisoned in 2017 after being convicted of sexual offences he always denied. His case was finally overturned after a five-year fight that saw his legal team present new witnesses and fresh forensic evidence during a three-week retrial. A jury took just over an hour to return a unanimous “not guilty” verdict.

But despite being completely exonerated, Mr Buckle has been denied compensation for his ordeal. The legal fees required to clear his name totalled nearly £500,000, a sum he was eligible to claim in compensation. However, his application was refused on the grounds that he had not met the “beyond reasonable doubt” standard of proof that he did not commit the crimes — despite the courts ruling that he was innocent.

“I just burst out crying when I read the letter,” said Mr Buckle. “What more do I need to do to prove I’m innocent? I’ve lost five years of my life, my job, my pension. People are absolutely gobsmacked when I tell them I’ve been refused compensation.”

A LAW DESIGNED TO DENY PAYOUTS?

The 2014 law change, introduced by the Conservative-Lib Dem coalition government, shifted the burden onto the wrongly convicted to prove their innocence beyond reasonable doubt. Critics say this effectively “reverses the presumption of innocence” and was introduced to limit government compensation payments.

Since 2016, 93% of applications for miscarriage of justice compensation have been rejected, according to government figures. Leading barrister Stephen Vullo KC, who represented Mr Buckle, has described the system as “almost impossibly high” and “designed to ensure money is not paid out.”

“It’s not by accident, it’s by design,” he said. “It sends a message that the state doesn’t accept responsibility when it gets things wrong.”

The injustice of the current system has been further exposed by the government’s handling of the Post Office Horizon scandal. Unlike individual miscarriage of justice cases, which have been largely ignored, thousands of wrongfully convicted sub-postmasters were awarded compensation only after overwhelming public pressure, following the ITV drama “Mr Bates vs The Post Office.”

“The government’s response is driven by fear of embarrassment,” said Mr Vullo. “The system should be fair so that everybody receives compensation, not just those whose cases attract media attention.”

Legal experts argue that England and Wales must follow Scotland, Northern Ireland, and most of Europe, where wrongful conviction compensation is awarded based on the miscarriage of justice itself, without requiring proof of innocence.

LOCAL MP FIGHTS FOR JUSTICE

Mr Buckle’s case has caught the attention of Ceredigion MP Ben Lake, who has vowed to fight for a change in the law. He is hosting a debate in Westminster to highlight the injustices faced by victims of wrongful conviction.

“I was appalled when I heard Brian’s story,” said Mr Lake. “Miscarriages of justice have always happened and always will. But when the state makes a mistake and an innocent person spends years behind bars, it should ensure they are compensated for that injustice.”

Mr Lake is pushing for the law to be reversed and made retrospective so that people like Mr Buckle can claim the compensation they deserve.

A FAMILY DEVASTATED BY INJUSTICE

The years spent in prison have left Mr Buckle suffering from post-traumatic stress disorder (PTSD), and the emotional toll has extended to his family. His daughter Georgia has spoken openly about her own struggles, including suicidal thoughts during her father’s imprisonment.

“I’m definitely not the same person I was before,” said Mr Buckle. “I can’t keep a job because my head is all over the place. Every single night, all I dream about is being in prison or trying to get out.”

He believes an apology and compensation would be a step towards recognising the harm done to him.

“I will take what happened to me to the grave. Money won’t change how I am mentally, but it’s about the principle — the justice system admitting they got it wrong.”

With pressure mounting and a Law Commission review of the compensation system underway, there is growing hope that the law may be overturned. For Mr Buckle and others like him, that change cannot come soon enough.