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Wrongly-convicted ex-prisoner sues for stroke he attributes to drug use in jail
News - Personal Injury News
Wednesday, 11 November 2009 19:07

A man wrongly jailed for 11 years for a murder he did not commit may win compensation for a stroke he suffered after taking heroin in prison.

 

Ellis Sherwood, 41, from Cardiff was wrongly jailed with two other men for the murder of newsagent Philip Saunders in October 1987. Mr Saunders ran a kiosk in Cardiff city centre and was ambushed and beaten late one night. He died three days later in hospital when his life support machine was switched off. His killer has never been found.

 

Mr Sherwood was convicted of the murder with two other men, but all were freed on appeal in 1999. According to media reports Mr Sherwood has already received £1.4m in compensation.

 

BBC News reports that he could now be in line for a six-figure payout after claiming that heroin he took in jail caused him to suffer a stroke.

 

Mr Sherwood suffered the stroke two years after he was freed from prison – he was left with limited use of his right arm and impaired speech. His legal representatives have argued that prolonged use of the drug heroin while in jail contributed to the stroke.

 

Mr Sherwood has defended his claim for compensation, saying that heroin was ‘freely available’ in prison.

 

‘I know some people will say I took the drugs of my own free will – but I only took them because I was pushed into a corner. I'd never have got involved in drugs if I hadn't gone inside,’ he told BBC Wales.

 

Mr Sherwood served time at Long Lartin prison in Worcestershire and prisons in Cardiff and Bristol.

 

He has been advised by his solicitors not to spend more than £300,000 of his compensation on a property for himself and his family, as he will require care for the rest of his life. The compensation is being held for him by the Court of Protection, as he has been deemed ‘unable to be responsible for his own affairs’.

 

Conservative MP for Monmouth David Davies said that a payout from the Home Office could ‘open the floodgates’ for more claims from prisoners.

 

‘I am concerned that this could set a dangerous precedent,’ Mr Davies said.

 

‘Our prisons are riddled with drugs – they are pouring in through visitors who are not being searched. We could end up with half of all prisoners coming out and suing for compensation for drugs they choose to take while inside,’ Mr Davies added.

 

The Ministry of Justice said it would not comment on individual cases, adding that ministers would decide if an individual were eligible for compensation and independent assessors would set the amount.

 

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