Two men wrongly jailed over historic sex offences fight to change barriers around miscarriage of justice compensation
Two men from West Wales jailed for sex offences they did not commit are fighting to change the barriers miscarriage of justice victims face to receiving compensation.
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Sir Keir Starmer has vowed to look at Brian Buckle’s case – after he was wrongfully convicted for historic child sex offences in Pembrokeshire.
Gareth Jones, from Carmarthenshire, has joined Brian’s calls for change – after being sent to prison for sexually assaulting an elderly dementia patient he cared for 17 years ago.
In 2017 – Brian, now 51, from Fishguard, was sentenced to 15 years in prison after being found guilty of 16 counts of historical sex abuse against a child by a jury at Swansea Crown Court.
The father from Fishguard, Pembrokeshire, spent five and a half years behind bars before he was acquitted after a three-week re-trial in 2023 – when a jury unanimously returned a ‘not guilty’ verdict after one hour of deliberation.
Brian’s family managed to pull together £500,000 while he was jailed, to prove DNA evidence used against him during the original trial was flawed.
But, Brian’s applications for compensation to the Ministry of Justice’s Statutory scheme and the Miscarriages of Justice Application Service (MOJAS) has still been rejected.
It’s because of a change in the law in 2014, which revised the definition of what constitutes a ‘miscarriage of justice’.
A victim of a miscarriage of justice in Wales and England now must prove they are innocent ‘beyond reasonable doubt’.
A ‘not guilty’ ruling by a jury no longer qualifies as demonstrating the victim’s innocence.
The Conservative-Lib Dem coalition government at the time hoped the change would decrease the risk of compensation being awarded to those who had convictions overturned on a technicality, but could still be guilty.
After Brian’s MP, Plaid Cymru’s Ben Lake, raised his case at Prime Minister’s Questions last month – Sir Keir said the family “saw a grave miscarriage of justice”, and that the statutory test for compensation “had been raised in the house before” – before confirming he would “take a look at it”.
Gareth Jones, 39 and from Llandovery, was sentenced to nine years behind bars in 2008 – after being wrongfully convicted for sexually assaulting an elderly dementia patient he cared for in a nursing home near Brecon.
Jones – who has learning difficulties – says he found the patient bleeding and raised the alarm.
He was trusted by colleagues to accompany the woman to hospital, before he was arrested the following morning.
“It was hell from there. Getting interviewed by the police, being put on bail for a year and half, and then going to court – it was a nightmare.”
“I’m not a monster. I wouldn’t do that.”
The carer served three and a half years of his sentence before being released on licence in 2012 – when students at Cardiff University’s ‘Innocence Project' became aware of Gareth’s case.
In 2018 – ten years on from his original conviction – the Court of Appeal heard the culmination of six years’ work from the pro bono students, and Gareth’s conviction was quashed.
He told LBC he never received and apology from the Crown Prosecution Service or Dyfed Powys Police – and that he doesn’t have the funds to keep fighting for one.
“I thought we did prove our innocence when we won our case.” He said.
“You'd think the Judge would turn around and say they were sorry.”
Brian Buckle and his family are now campaigning for a change to the way ‘not guilty’ verdicts are handled when convictions are quashed – calling it ‘Buckle’s Law’.
“After the trial the Judge will say to the jury ‘Did you find this person not guilty because you knew they were innocent? Or, did you find them not guilty because there wasn’t enough evidence?’” Brian explained.
“They heard all the evidence in court themselves. They’re the only people that can make that decision.”
“Let them tell the Judge that they found this person not guilty because they were innocent.”
Brian believes this could be the only way to prove a victim of a miscarriage of justice could be recorded as ‘innocent beyond reasonable doubt’ in court.
The legal charity APPEAL is also fighting for reform to the law around miscarriages of justice.
It’s Co-Director, Matt Foot, said “five judges at the European Court of Human Rights found [the change in the law] a virtually insurmountable test, and it's very arbitrary as to who might squeeze through that test and who doesn't.
“If you're in a position where there might be some DNA that points to someone else, just by chance, then you may get compensation – but that's a tiny fraction of cases.
"We should have interim compensation immediately.”
"It's like the state takes no responsibility for when things go wrong.”
Brian Buckle has received an apology from the Crown Prosecution Service, on behalf of the Prosecutor, Judge and defence barrister at his first trial.
Mr Buckle’s current barrister – Mr Stephen Vullo KC – has received a letter from the Ministry of Justice stating it will “reconsider” their application for Brian’s compensation.
A Ministry of Justice spokesperson said: "We recognise the grave impact of miscarriages of justice and are committed to supporting individuals in rebuilding their lives.
“The Law Commission is currently consulting on the law relating to criminal appeals, including compensation for miscarriages of justice. We will carefully consider their findings when we receive their final report.”
Gareth Jones’ MP, Plaid Cymru’s Ann Davies, said: "The case of Gareth Jones is a stark reminder of the devastating and lasting consequences of wrongful convictions…
“For Gareth, the injustice didn’t end with his release. He has struggled to rebuild his life, find employment, and simply be seen as the person he is - not the label he was wrongly given.
“Wrongful convictions are not just legal errors; they are life-altering tragedies. The trauma lingers long after the courts have corrected their course.“I stand with my Plaid Cymru colleague in urging the UK Government to urgently reform the compensation system for victims of miscarriages of justice…
“How many more lives must be derailed before we see real, meaningful change?"