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Stewart Kidd. |
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STEWART KIDD may well be in line for a six-figure payout that will set him up for life, but there is no clear-cut formula to determine the level of compensation he should receive. Once his claim has been lodged by his legal team, it will be down to an independent assessor to translate his ordeal into hard cash. A Scottish Executive spokesman said each case was decided on its own merits and trying to put a figure on the compensation due to Stewart would be “pure speculation.” The length of time it would take to deal with the claim would depend on the complexity of the case but, he added, “It is fair to say that it will be expedited in a timely fashion because that is the appropriate thing to do.” John McManus of MOJO (Miscarriages of Justice) Scotland was not so optimistic. He predicted Stewart could have a lengthy wait for even an interim payment and said that in cases MOJO worked with it was taking years for a final settlement to be agreed. “It is a very long, drawn-out process and we don’t know the way they work it out,” he added. What is known is that any award will be split into two parts—one to compensate Stewart for loss of earnings and the effect his experience may have on his future earnings and one to take account of the time he has lost in prison, the damage to his reputation and the emotional impact of being wrongly convicted. The emotional impact is considerable and, despite the fact Stewart finished his sentence some time ago, he is bound to feel angry and frustrated at the way the system let him down, Mr McManus suggested. MOJO offers a forum for people in Stewart’s position to share their experiences and the organisation has worked with experts in the field who believe that a simple apology could go a long way in helping people let go of the past and move on. “The fact is that people’s lives are ruined and no one turns round and says sorry,” Mr McManus added. “They then have to fight to get their compensation. It is an outrage after what has happened to them.” A number of high-profile miscarriage of justice cases demonstrate the wide variation in compensation offered. Eddie Browning was reported to have been awarded £600,000 after spending six years in prison for the murder of Marie Wilks on the M50. Mike O’Brien received £650,000. He had been wrongly convicted of a robbery and murder in Cardiff and served 11 years. Vincent Hickey, one of the Bridgewater Four, served 17 years. He was expected to receive £446,000, after his conviction was overturned. |
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