Two brothers who have spent almost 20 years in prison for a double murder at a remote Cornish garage have been cleared after their convictions were overturned and a planned retrial dropped.
Robert and Lee Firkins were jailed in 2006 for the murders of Carol and Graham Fisher, who were killed in what appeared to be a bungled burglary at their home in Perch, near Wadebridge.
They maintained their innocence but were convicted after a man identified as “Witness Z” claimed he heard a confession from Robert Firkins while sharing a cell with him.
Lawyers for the brothers successfully argued there was new expert evidence that showed Z was a compulsive liar and the convictions were quashed.
James Wood KC and Sarah Elliott KC, of Doughty Street Chambers, who have worked on the case since the original trial, said it highlighted the danger of cell confessions.
They said: “From the moment of these convictions, we knew the case was a gross miscarriage of justice. Based on an alleged 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.”
Carol Fisher, 53, and Graham Fisher, 60, were shot with a sawn-off shotgun and battered, possibly with a hammer and sledgehammer, on Bonfire Night in 2003.
The Firkins brothers, originally from Essex but living in Weston-super-Mare, Somerset, denied the murders, insisting they were visiting a pub and relatives at the time.
They were found guilty by a jury at Exeter crown court and jailed for a minimum of 26 years. The judge, Mr Justice Owen, described Lee, 31 and Robert 32, as very dangerous men.
In 2008, the brothers attempted unsuccessfully to bring an appeal but in 2020 the Criminal Cases Review Commission referred both convictions to the court of appeal in London.
Elliott, for Robert Firkins, told the court in June 2023 that there was new expert evidence showing Z to be a “compulsive liar”, adding: “It is a pathological lying, it is a medical condition.”
In December 2023, three appeal court judges quashed the convictions, finding them to be “unsafe”. The Crown Prosecution Service (CPS) applied for a retrial for both brothers, meaning that the media could not report their successful appeals. However, at a hearing at Winchester crown court this week, the CPS offered no evidence against either man.
Anne Whyte KC, for the prosecution, said there was a “recent difficulty” that may affect the attendance of a witness at the retrial. She added: “In these circumstances and after consultation with police and CPS, it is no longer appropriate to continue these proceedings and therefore we are instructed to offer no evidence.”
Devon and Cornwall police said they noted the decision. They said their major crime team had been preparing for the retrial but added: “Steps are already under way to manage the acquittal process including the release of Robert Firkins from prison. Lee Firkins will remain in custody due to other sentences he is currently serving.”
The force said: “Devon and Cornwall police understand that whilst the original investigation was over 20 years ago, it is possible that new information exists and so anyone who wants to contact ourselves or [the charity] Crimestoppers, should do so as soon as possible.”
A CPS spokesperson said: “We have a duty to keep all cases under continuous review. Following a further review of the evidence in this case, we took the decision that our legal test was no longer met and that there was no longer a realistic prospect of conviction. That is why we offered no evidence in court.”
