UK Edition
Fugitive speedboat killer's legal aid for appeal examined by Ministry of Justice
David Gauke has asked officials to examine if action could be taken to prevent a repeat of a convicted killer getting legal aid for an appeal against his conviction despite having fled the UK.
The Justice Secretary ordered the move after an outcry over the way speedboat killer Jack Shepherd has been able to secure a taxpayer-funded appeal against his six-year jail sentence despite having been on the run since March last year.
He was found guilty in his absence in July of the manslaughter of Charlotte Brown, 24, who drowned after he drunkenly flipped his boat while showing off to her late at night on the River Thames.
A source close to Mr Gauke said: “He understands and sympathises with the public concern about a convicted killer fleeing the country and having his appeal paid for by the taxpayer and has asked officials to look at this.
“But in exploring this he is clear that we must not do anything that would make judges less likely to proceed with a trial for an absent defendant because of fear they would not be properly represented throughout the whole process.
“He is particularly mindful that victims’ families could be left without justice for years where courts consider themselves unable to try an absent defendant.”
Shepherd, 31, has so far received £30,000 legal aid for the initial trial but, as the appeal has been granted by a judge, is entitled under the Access to Justice Act of 1999 to further aid to pay for a barrister to represent him at the Court of Appeal.
His lawyers say the appeal centres on “legal errors” in the original trial and, as such they say previous case law demonstrates he has right to an appeal.
Lord Garnier, a former Solicitor General, joined MPs and Ms Brown’s family in calling for a change in the law: “If the legal aid rules permit a man on the run, who did not even attend his trial, to receive legal aid, then the rules need to be changed.”
It emerged yesterday that Shepherd, who is also facing prosecution for grievous bodily harm after glassing a stranger in a Devon pub on his return to the UK, was able to flee abroad after officials failed to confiscate his passport.
There is an international arrest warrant for him but the Metropolitan Police who are working with the National Crime Agency admitted there has been “no tangible trace of him” since he fled.
Detective Chief Inspector Mick Norman said: “There have been a number of rumours that he is being harboured abroad by friends but we have no evidence this is the case. There has been no movement on his bank accounts or phone.
“However this is only in respect of the accounts we are aware of. He may well be using the accounts of friends or associates to evade arrest and extradition.
“We would appeal to Mr Shepherd’s friend and associates who may be assisting him to do the right thing and share any information they have.”