Two brothers who spent nearly two decades in prison for a horrific double murder based on the testimony of a “compulsive liar” have been acquitted after their convictions were overturned.
Robert and Lee Firkins were jailed for the November 2003 murders of Carol and Graham Fisher at their home in Perch, near Wadebridge in Cornwall.
The brothers denied murder but were sentenced in February 2006 to life sentences with a minimum term of 26 years.
But the convictions have now been overturned after it emerged that a key witness who claimed to have heard a confession from the brothers behind bars was in fact a compulsive liar.
Both men maintained their innocence and tried unsuccessfully to appeal their convictions in 2008.
But 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 overturn their convictions.
And in a ruling in December 2023, three appeals court judges overturned the brothers' convictions, finding them “unsafe.”
The Crown Prosecution Service (CPS) applied for a retrial for both brothers, meaning the media could not report on their successful appeals.
Carol and Graham Fisher were murdered at their home in Perch, near Wadebridge in Cornwall
Robert (left) and Lee Firkins (right) were jailed for the murders in November 2003, but their convictions have since been overturned
Mr Fisher, 60, was found dead with three shotguns in the kitchen of their bungalow at Perch Garage, which the couple owned on the A39 in Wadebridge, near the Royal Cornwall Showgrounds.
His wife, 53, was first shot in the hand, leaving a trail of blood around the house, before being shot again in the back and neck as she tried to escape down the garden path.
Both died from head injuries inflicted with a sledgehammer, and their bodies were discovered the next morning.
A court heard the killers left thousands of pounds of cash in the till in a seemingly unprovoked attack.
The planned retrial collapsed when the CPS failed to provide evidence against either man at a hearing at Winchester Crown Court on Monday.
Anne Whyte KC, representing the prosecution, said there were “current difficulties” which could affect the presence of a witness at the retrial.
She added: “In these circumstances and after consultation with the police and the CPS, it is no longer appropriate to continue with these proceedings and therefore we are instructed not to provide any evidence.”
The Court of Appeal in London had previously heard that the prosecution had heavily emphasized the testimony of the witness, who can only be referred to as “Z”, who claimed he had heard an alleged “confession” from Robert Firkins while in custody.
Sarah Elliott KC, representing Robert Firkins, told the court in June 2023 that there was new expert evidence showing Z was a “compulsive liar”, adding: “It's a pathological lie, it's a medical one Condition.”
Lord Justice Holroyde, sitting with Lady Justice Thirlwall and Mr Justice Morris, allowed the brothers' appeals.
After the decision to halt the retrial, attorney Jane Hickman said the brothers “are once again innocent of the murders they initially committed.”
She added: “The suffering for them was immense.”
Robert Firkins was expected to be released following the verdict, while his brother is expected to remain in prison for other crimes.
Ms Hickman continued: “I have been involved in appeals for around 40 years and I don't think most people realize the extent of the trauma inflicted on people who have not committed a crime but are mentally punished. “Body day after day after day, year after year.”
In a joint statement, Ms Elliott and James Wood KC, who represented Lee Firkins, said: “Since these convictions we knew the case was a gross miscarriage of justice.”
“Using an alleged confession in a cell, it highlighted the inherent dangers of this type of evidence.”
“The time is now ripe for law reform. “Without independent, reliable evidence to support the confession, cell confession evidence is so dangerous that it should always be excluded.”
A CPS spokesman said: “We have a duty to continually review all cases.”
“After further review of the evidence in this case, we concluded that our legal criteria were no longer met and there was no longer a realistic prospect of conviction. That's why we didn't present any evidence in court.
“We have informed everyone involved.”
