Wrongly Jailed Mum Loses Compensation Fight

Written By Unknown on Jumat, 12 Juli 2013 | 18.25

A woman who was wrongly jailed for killing her baby son has lost her fight for compensation at the European Court of Human Rights.

Lorraine Allen, 43, was convicted in 2000 of the manslaughter of four-month-old Patrick and sentenced to three years in prison.

He died two years earlier in what had been called a "shaken-baby" case.

A child born while she was serving her sentence was taken away from her and placed for adoption.

The conviction was quashed in 2005 after fresh medical evidence suggested Patrick's injuries could have been caused in other ways, but Ms Allen was denied compensation after arguing she had been the victim of a miscarriage of justice.

Ms Allen, who lives in Scarborough, North Yorkshire, was told she was not entitled to a pay-out because there were no new facts in her case.

She challenged the decision by judicial review, but this was refused by the High Court in 2007 and the subsequent appeal was dismissed in 2008.

The Strasbourg court has now ruled that her right to the presumption of innocence had not been breached.

The court found that UK judges properly considered whether any miscarriage of justice had taken place and concluded that this had not been established beyond reasonable doubt.

The ruling is expected to come as a blow to others who had hoped to get pay-outs after having their convictions overturned.


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