After almost 20 years and two appeals to the Court of Appeal, two wrongful convictions for double murder are finally quashed
A team of Doughty Street barristers have succeeded in overturning the wrongful convictions of Robert and Lee Firkins for the brutal double murder of Graham and Carol Fisher at Perch Garage in Cornwall on fireworks night 2003 during a home-invasion robbery.
James Wood KC and Sarah Elliott KC were both part of the original defence teams representing the two brothers accused of the Fishers’ murders. The case was dependent on alleged “cell confession” evidence provided by a prisoner witness. After representing the defendants at trial in early 2006 and first appeal in 2008, James and Sarah were to work pro-bono and tirelessly on the case, together with their heroic solicitors Jane Hickman (of Hickman Rose) and Rhona Friedman (of Commons solicitors) to eventually persuade the CCRC to refer the case back to the Court of Appeal in 2020. On Jane’s retirement, Steve Bird of Birds Solicitors joined the team. Finally in 2023, they, along with Farrhat Arshad KC, were successful in over-turning the convictions in the CACD. The case was due to be listed for retrial in January 2025 with David Rhodes and Philippa Eastwood joining the team for trial. Finally, on the 16th December 2024, the Crown offered no evidence, as they accepted there was no realistic prospect of conviction.
James and Sarah commented: “From the moment of these convictions, we knew the case was a gross miscarriage of justice. Based on alleged an cell confession, it illustrated the inherent dangers of this kind of evidence. The time is now ripe for legal reform. Without independent reliable evidence supportive of the fact of the confession, cell confession evidence is so dangerous, it should always be excluded. This reform is now long overdue.” They continued, “Without the endless diligence and unpaid work of our solicitors over many years, and work of Farrhat, David and Philippa in more recent times, this victory would never have happened. We pay tribute to them all”.
Sarah Elliott KC, Farrhat Arshad KC and Philippa Eastwood were instructed for Robert Firkins by Rhona Friedman of Commons Legal; James Wood KC and David Rhodes for Lee Firkins were instructed by Steve Bird, Birds Solicitors.
You can access the Court of Appeal judgment here.
