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claire
11-01-2005, 09:21 AM
HOW DOES THIS HAPPEN?

Jan 11 2005
By Megan Lloyd Davies


ANGRY Angela Cannings pledged yesterday to fight the heartless decision that has robbed her of compensation for her jail nightmare.

The married mother, cleared on appeal of killing her two cot death babies, said: "It's unbelievable. Our lives have been devastated.

"What we went through was not our doing. The authorities took over and ruled our lives. Because of that we lost a home, our family unit and nearly our surviving daughter who could have been taken into care.

"We only want compensation for what we lost to help us rebuild our future. This is personal and we'll carry on until we reach a satisfactory end."

Angela, 41, was wrongly jailed for life for double murder, partly on the evidence of discredited paediatrician Professor Sir Roy Meadow who now faces charges of serious professional misconduct.

She spent 18 hellish months in jail before her murder conviction was quashed in December 2003.

During that time she was mercilessly abused, locked in solitary for five months and scarred for life when boiling coffee was hurled over her.

For two years before the trial while still under suspicion she was forced to live apart from husband Terry, 50, and her surviving daughter, now eight.

The family spent so much money battling to win her freedom they lost their home. Now, a year after applying for compensation, Angela has learned the Home Office has turned her down. She said: "When I was freed I was just relieved someone had finally listened to me.

"I didn't expect everything to be rosy. But I didn't expect another fight, we've been through enough."

Angela and Terry hoped compensation would help pay off some of the mortgage on their new home in Saltash, Cornwall. They also wanted to put money into a trust for their daughter, who cannot be named.

The couple now plan to appeal against the Home Office decision.

Shattered Angela said: "We shouldn't have to be doing this. We're physically and mentally worn out. But what else can we do?

"It seems the authorities are trying to pass the buck. Yes, we're tired. But why shouldn't we be compensated?

"It's not just about the money, though of course it will help. It's also about acknowledging that someone went badly wrong and their mistakes devastated our lives. I just hope common sense will prevail."

Angela's solicitor Bill Bache said: "These are discretionary payments. The Home Office says this is not a case in which they want to give compensation."

Home Office guidelines say: "There is no general entitlement to recompense for wrongful conviction."

Victims can receive payment "where there is serious default by a public authority or if an accused person is completely exonerated".

The Home Secretary can also make ex-gratia payments in exceptional cases. Refusing to comment on Angela's case, the Home Office said: "The decision to refuse an application for compensation is not intended to detract in any way from acquittal."

Penny Mellor, organiser of Dare to Care which campaigns for women wrongly accused of murdering their children, said last night: "If the law isn't accountable for the wrongful convictions of parents, then who is?

"Not only is Angela innocent, the devastation caused by the false allegation is incalculable. It is only right that someone pays." Angela, formerly of Salisbury, Wilts, was jailed for life in 2002 after being convicted of murdering Jason, seven weeks, in 1991 and Matthew, 18 weeks, in 1999. She was also charged with the murder of Gemma, 13 weeks, in 1989. But the case was dropped.

In December 2003 the Appeal Court ruled the convictions were unsafe and said similar cases should never again be brought to trial.

Judges were told Professor Meadow had given "misleading" evidence in claiming three cot deaths in one family were "very, very rare".

Following Angela's release, the Attorney General announced a review of nearly 300 cases in which parents had been convicted of killing children under the age of two. Twenty eight may be miscarriages of justice.

Professor Meadow also gave prosecution evidence in the trials of solicitor Sally Clarke, 36, and pharmacist Trupti Patel, 36.

Mrs Clarke, of Wilmslow, Cheshire, was cleared on appeal of murdering her two sons, aged 11 weeks and eight weeks, after spending more than three years in jail.

A few months later Mrs Patel, of Maidenhead, Berks, was cleared of suffocating her babies aged three months, two weeks and three weeks.

Professor Meadow, now 70, was Britain's foremost expert on cot death for nearly 30 years. His theory "One cot death is tragedy, two is suspicious and three is murder" became known as Meadow's Law. He is now retired and could be struck off.

Eternity
11-01-2005, 09:26 AM
This sucks big time!! The hell this poor woman has been put through I can't even begin to imagine - maybe she should sue Roy Meadows? He's the ******* that put her away.

I wonder if those 4 Brits that are now being released from Guantanamo will get compo for wrongful imprisonment then?

Bella
11-01-2005, 09:41 AM
It is outrageous! I am no lover of the compensation world that we live in, but this woman and her husband do deserve some dignity! If a prisoner can get awarded compensation because he thinks slopping out is against his human rights, but Angela Cannings cannot get anything for the trauma she went through then there is something seriously wrong.

survivorfan
11-01-2005, 09:46 AM
If her conviction was considered unsafe, it may not be the same as her being 'completely exonerated' in which case she isn't entitled to compensation under the current Home Office rules - at least that's how I read it.

claire
11-01-2005, 11:54 AM
I find it devastating. I love my children so much and simply cannot imagine loosing them especially so soon after I had carried them for 9 months and suffered childbirth, decorated their room and purchased baby clothing etc.

If I were blamed for the murder I simply cannot imagine something more nightmarish.

To go through a trial after loosing your baby and trying to deal with that as best you can must be emotional hell (putting it nicely).

To be convicted, be seperated from your husband, child and loose your home. How do you deal with that?

To go to Jail and be tortured.

What the hell could anybody do to compensate?

Its disgusting! Asylum seekers get more so much. They are people from other countries that the government is trying to protect. What about protecting their own tax payers. These people must be tax payers as they have a mortgage and you cannot get one on benefits. The government pays out £500 to mothers for the babies if they are on benefits, they give it out to some. 6 billion pounds a year is wasted on benefit fraud. Millions of tax payers money has been spent on the war in iraq. Politicians get £200k pensions!

This infuriates me. This lady deserves to be apologised to by the Queen and given a huge amount of money as well as free counselling by Britains top trauma psycologist.

mikado
11-01-2005, 06:19 PM
I agree it's incredible she did not get any compensation. I wonder what the reason was?

Claire I'm sorry but the stuff about asylum seekers is totally irrelevant to this case.

jaycee
11-01-2005, 07:40 PM
There was something on our local news about this tonight & the reason for the lack of compensation was something to do with her appeal or how long or often she'd appealed.

I was making tea so didn't hear it all. Sally Clarke's appeal was at a different stage so she did get compensation apparently.

claire
12-01-2005, 11:12 AM
I agree it's incredible she did not get any compensation. I wonder what the reason was?

Claire I'm sorry but the stuff about asylum seekers is totally irrelevant to this case.


Trust me Im no enemy of asylum seekers. They are just as much human as the rest of us and I fully support the government allowing asylum seekers into this country (as long as we can realistically support them). I come from South Africa (though I am half Welsh which is why I have a British passport) and I have seen the poverty and injustice done to others first hand. My heart goes out to them and I only hope every individual can find hope if they are sufferring. They have as much right to be happy as I do. My point was only that the government helps them, so why can't they help their own- the ones that pay for the asylum seekers to be helped with their taxes.

Andrea
12-01-2005, 12:06 PM
I agree it's incredible she did not get any compensation. I wonder what the reason was?.
From what I understood from the news, her appeal case actually got sorted out on the first attempt.
Apparently compensation only comes in to play when your appeal case gets dragged and dragged through all the different courts, and you have exhausted all the ways/means possible.
As her case ended at the first step, it wasn't applicable for her to receive compensation.
I think that's right, come on Blink where are you?

Having said all that, for someone to be wrongly accused and in jail for 18months and recieve nothing is dispicable in my opinion.

jaycee
12-01-2005, 04:22 PM
The compensation system in our society makes me sick......one of the worst cases I have heard through work is a burglar who broke his leg when he slipped on rollerskates left at the bottom of the stairs - he successfully sued the home owners!

The poor woman who is wrongfully accused of a truly awful crime, spends 18 months enduring god knows what in jail gets sod all.

Bloody marvelous :angry:

Spooky
13-01-2005, 08:27 AM
I couldn't help thinking that perhaps Professor Meadow should sell his house and give up some of his huge pension to donate to the Canning family.


I'm so enraged at this, I feel like campaigning for her. If I was a millionaire, I'd help them out myself.

claire
13-01-2005, 09:55 AM
Me too. I always wish there was something more I could do! This lady will never have another life.

claire
21-01-2005, 09:10 AM
Update on the story...

COT DEATH PROF PAID £8,000 TO GIVE EVIDENCE

Jan 21 2005


Mum Angela's fury over fee

Exclusive By Megan Lloyd Davies


DISCREDITED paediatrician Sir Roy Meadow got £8,000 for helping put Angela Cannings behind bars.

He was paid the cash for giving flawed evidence in court when the mum was wrongly convicted of killing her two baby sons.

Last night, furious Angela, 41, who has been refused compensation over her ordeal, branded the doctor's pay "insulting".

The mum-of-one, forced to live apart from husband Terry and daughter Jade for two years before her trial, said: "He was paid to ruin my life, my husband's and my daughter's lives. We lost our home, our jobs and Professor Meadow earned thousands. Where is the justice?"

Angela got life in 2002 over the murder of sons Jason, seven weeks, and 18-week-old Matthew. She claimed they died from cot death. Prof Meadow insisted the pair were probably smothered.

Angela was freed on appeal in 2003 after 18 months in jail. Solicitor General Harriet Harman revealed the doctor's fee for aiding prosecutors and police.

Prof Meadow is due before medical chiefs next month to face misconduct charges.

Bella
21-01-2005, 09:27 AM
The mum-of-one, forced to live apart from husband Terry and daughter Jade for two years before her trial, said: "He was paid to ruin my life, my husband's and my daughter's lives. We lost our home, our jobs and Professor Meadow earned thousands. Where is the justice?"



Exactly where is the justice? Professor Meadows should not only be struck off but should be made to pay back his fee - I cannot believe that he got paid £8000!! Even if his evidence was true, I find it appalling that "experts" such as Meadows get paid this much. Surely in a "murder" trial their expert opinions should be given for free, it is not as if key witnesses to trial get paid this amount. I find the whole justice system completely bizarre. My heart goes out to Angela & Tony Cannings who have both remained totally dignified throughout this whole, awful process.

Flip
21-01-2005, 09:32 AM
Even if his evidence was true, I find it appalling that "experts" such as Meadows get paid this much. Surely in a "murder" trial their expert opinions should be given for free, it is not as if key witnesses to trial get paid this amount. I find the whole justice system completely bizarre.
I agree Bella - but sadly this is the way the Justice system works. Both the defence and prosecution teams 'employ' experts to give their professional opinion. Which is why it is sooooooo bleedin expensive to run a trial.

Bella
21-01-2005, 09:39 AM
I agree Bella - but sadly this is the way the Justice system works. Both the defence and prosecution teams 'employ' experts to give their professional opinion. Which is why it is sooooooo bleedin expensive to run a trial.


Mmm, so the defence team could hire an expert and then along comes the prosecution offers a couple of thousand more and then the expert opinion could drastically change!! All sounds totally wrong to me, but as you point out Flip, sadly that is the way the justice system works, so this is why it needs to be changed!

Blink
26-01-2005, 10:31 AM
I find it appalling that "experts" such as Meadows get paid this much. Surely in a "murder" trial their expert opinions should be given for free, it is not as if key witnesses to trial get paid this amount. I find the whole justice system completely bizarre.
I've just spent two days at a Crown Court not a million miles away from here, a witness in a fraud trial. I am entitled to claim £9 for the two days, which just about covers lunch. Nice to know the government values my time at 45 pence per hour.

I have to say though, that this £8,000 thing is being presented in a very one-sided manner. (Surprise surprise.) Lets consider an expert, in the top of his field. He can expect to be earning say £200k a year - not that unusual for a consultant (chance would be a fine thing). That will be made from probably 240-odd working days; ie £800 or so a day.

In this case, there was doubtless a lot of data for the expert witness to consider, and he would certainly have spent a considerable quantity of time in court. Add to this any expenses (hotel bills, etc) he may have claimed, and it is easy to see where the £8,000 comes from.

If an expert witness's job is to consider data, form an opinion, and present that opinion to others (eg a jury), then it is not all that shocking that an expert witness in a three week+ trial should be compensated for his time. The difference between being an ordinary witness and an expert witness is that the expert witness usually has to put in a lot of time considering facts and assembling documents. The ordinary witness just turns up, does his civic duty and leaves.

In many civil cases, both parties agree to appoint a "joint expert", who is directly employed by both sides. This strikes me as a much better arrangement, less open to charges of partiality. Perhaps one day it will be the norm in criminal cases. I hope so.

claire
26-01-2005, 01:40 PM
Good Point Blink. I kind of thought they would employ a state worker of some sort ie : a doctor who works for the NHS. Then they would just be paid as ordinary?

Blink
26-01-2005, 01:49 PM
No - most expert witnesses are employed privately. Even an NHS consultant would charge privately for this kind of work. (It's a little confusing to me how doctors work simultaneously for the NHS and private patients, but many consultants do.)

In any event, even doctors that work for the NHS exclusively are employed by the NHS, not by the government. It seems quite complicated, but different NHS hospitals are funded in different ways, and the stream of money from the government to the pockets of NHS doctors, state school teachers etc, is quite convoluted. Somebody who actually understands public services and quangos could explain this much better than me. Suffice it to say that each organisation guards its pot of money jealously, and hypothetically, an NHS trust would be most reluctant to fund a consultant's appearance at a criminal trial.

claire
26-01-2005, 02:49 PM
Thanks for that Blink... :bye:

survivorfan
27-01-2005, 07:04 AM
Oh Blink you've gone and spoilt it - now we'll have to find another daily Mail front pager to fume about!

Blink
27-01-2005, 08:24 AM
Sorry Dave. http://ellis.dyndns.biz/users/chinwag/emoticons/neutral/shutup.gif

claire
07-02-2005, 10:04 AM
I just have to let you all know that I called into the radio (Talk Sport today) and brought up this case... I was so nervous though! :bye: