Brothers jailed for double murder appeal against their convictions

They were jailed for the murder of a couple in Cornwall in 2003

Author: Jess Glass, PAPublished 28th Jun 2023

Two brothers who have spent more than 15 years in prison for a double murder they say they did not commit have appeared at the Court of Appeal in a bid to quash their convictions.

Robert and Lee Firkins were jailed for the 2003 murders of Carol and Graham Fisher at their home in Perch, near Wadebridge in Cornwall.

The brothers denied murder but were convicted and handed life sentences with a minimum term of 26 years in February 2006.

During their trial, Exeter Crown Court was told Mr Fisher, 60, and Mrs Fisher, 53, were gunned down in a Bonfire Night raid.

Both men have maintained their innocence and unsuccessfully attempted to bring an appeal against their convictions in 2008.

However in 2020 the Criminal Cases Review Commission (CCRC) referred both convictions to the Court of Appeal, finding there was a "real possibility" that appeal judges could now quash their convictions.

At the start of a two-day hearing in London on Wednesday, both brothers appeared via video link.

Lawyers for them have previously said there is no forensic or eyewitness evidence linking the brothers to the crime.

Appeal judges were told the prosecution case had heavily featured the evidence of a man who can only be referred to as "Z", claiming he heard an alleged "confession" from Robert Firkins.

Sarah Elliott KC, for Robert Firkins, told the court: "We have a wealth of material now from the expert medical evidence showing that not only is Z a liar, he is a compulsive liar, it is a pathological lying, it is a medical condition."

She continued: "To rely upon someone who is an extreme psychopath and pathological liar as your primary evidence in this case, we submit the trial judge would not have permitted that to be the case."

The Crown Prosecution Service (CPS) are opposing the appeal bid, with their barrister William Boyce KC telling the court the convictions were safe.

He said in written submissions: "Such information and expert opinion regarding the reliability of Z which has been generated since trial is not such as to cause the convictions properly to be considered to be unsafe."

Mr Boyce continued: "It may be noted that Z has never sought to withdraw his account of the confession, nor has he ever said that it was untrue."

The hearing before Lord Justice Holroyde, Lady Justice Thirlwall and Mr Justice Morris is due to conclude on Thursday, with a ruling expected at a later date.

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