Convicted murderer, 24, who has served seven years in British jail freed on bail after judges rule he is victim of 'serious miscarriage of justice'

A man walked free on bail today after spending more than seven years of a life sentence in jail for a murder he has always denied. Kitchen fitter Sam Hallam, 24, was greeted by cheering and tearful family members as he emerged from court after judges were told he was the victim of one of the most serious miscarriages of justice.

The Court of Appeal heard that police had failed to investigate his alibi for the night a trainee chef was battered to death by a mob and that vital evidence which could have proved his innocence was not handed to the defence.

He was freed on unconditional bail by the three Appeal Court judges after the Crown withdrew their opposition at the eleventh hour. They will give a full judgment at noon tomorrow.

Evidence on his mobile phone of pictures showing his whereabouts at the time, which could have cleared him was never checked, the court heard.

His 53-year-old mother Wendy Cohen from Hoxton, North London, said as she left court: 'I am in shock.

'This has been torture for Sam and the whole family. He should never have been put away in the first place. I never thought this day would come. We have been to hell and back.'

His two older brothers Terry, 31 and Danny 29 and younger sister Daisy, 16, were also at court to greet a stunned Same as he emerged from the cells.

His father, also named Terry, was not around to see his son emerge having committed suicide 15 months ago in October 2010 still believing in his son’s innocence. But Wendy said it all became too much for him.

Paul May, who chaired a campaign to free Mr Hallam, said: ‘Sam should never have been brought to trial.’ 'The failure lay in the fact that the Metropolitan Police did not carry out a proper investigation. There were numerous leads that the police failed to follow up on. We say that is negligent.’

He added: ‘He has been in prison for seven years. He’s lost the best years of his life. He’s going to need a lot of support. He’s obviously delighted but he’s also dazed.’

Sam still only 24 sat quietly in the dock as his counsel Henry Blaxland QC said he was convicted on 'manifestly unreliable identification evidence'. Mr Blaxland told Lady Justice Hallett sitting with Mr Justice Openshaw and Mr Justice Spencer that the court had 'bitter experience of wrongful convictions in cases like this'.

He said this case provided a 'stark reminder of the dangers of a miscarriage of justice from unreliable visual identification evidence'.

Summarising the grounds of challenge, he said: 'It is our case that this appellant Sam Hallam - and I put it boldly - has been the victim of a serious miscarriage of justice brought about by a combination of manifestly unreliable identification evidence, the apparent failure of his own alibi, failure by police properly to investigate his alibi and non-disclosure by the prosecution of material that could have supported his case.'

Hallam who lived with his family in Hoxton was just 17 when arrested. He was jailed for life at the Old Bailey in 2005 for the murder of 21-year-old Ethiopian trainee chef Essayas Kassahun in 2004.It was recommended he serve a minimum of 12 years. He has been locked up since October 2004, so has spent seven years and seven months in custody.

Kassahun had come to the aid of a friend who was being attacked on Old Street, Central London, by a mob of youths over a trivial perceived insult.

Hallam, who claimed to be playing football at the time, was convicted on the basis of disputed identification evidence from two witnesses who placed him at the scene of the killing.

His first appeal was rejected in March 2007, although the court then found 'significant and substantial inconsistencies and difficulties in the prosecution evidence'.

But following a lengthy campaign by his family and friends, including actor Ray Winstone, Hallam who had hoped for a career in the army had his case referred back to court by the Criminal Cases Review Commission which investigates miscarriages of justice.

He was one of seven originally charged with the murder. One other man Bullabeck Ring-Biong was also convicted and jailed for life.

He has also had support from members of the Birmingham Six and Guildford Four, themselves victims of miscarriages of justice.

Mr Blaxland claims that the identification evidence of the two witnesses Phoebe Henville and Bilel Khelfa 'was so manifestly unreliable that the appellant’s submission of no case to answer should have been allowed'.

He also claimed at the trial Judge Richard Hone QC failed to properly direct the jury over the evidence of another witness.

He said there was fresh evidence that he was not at the scene of the murder, and more fresh evidence from previously undisclosed police documents also supported his case.

He will return to court tomorrow to hear the formal judgment from the court which is expected to quash his conviction as unsafe.

Original report here




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