The High Court have now listed my case of appeal (Judicial Review) for a final hearing on Thursday 19^th march 2009.

For those of you with a particular legal interest in my appeal. It is our contention that the Ministry of Justice here in England have in deciding to enforce my Thai sentence have contravened both the European Convention on Human Rights (ECHR) and the Human Rights Act (HRA)

1) We feel that my sentence of more than 29 years is grossly disproportionate and violates Article 3 of the Human Rights Act, which provides that “no one shall be subject to torture or human degrading treatment or punishment”.

In my case I will of course spend a considerable length of time in prison for offences which, if committed in the UK, would not attract anything like a sentence of this level. I have obviously been under a considerable amount of stress having been removed from my family during this extremely prolonged period.

2) We also argue that my sentence is arbitrary and this enforcement breaches Article 5 of the Human Rights Act. This provides, in part, for the right to Liberty and introduces the concept that no one should be subject to arbitrary detention.

Our contention is that the arbitrary nature of my sentence arises from me being forced to plead guilty because of the provisions of Thai law requiring someone who is found in possession of drugs over a certain, very small, level to plead guilty to possession with intent to supply, without being given the opportunity to argue that it was for personal use.

3) Here we contend that the sentencing procedure was unjust and violates Article 6 of the Human Rights Act, which is commonly known as the right to a fair trial.

We say that such was denied to me as I was forced to plead guilty despite being innocent to the charge on my account, because Legal technicalities.

4) Article 8 of the Human Rights Act confers upon everyone a right to family and private life, with some exceptions, including serving prisoners, who have been validly convicted and whose sentence is not “Manifestly Excessive”.

                                                   By Steve Willcox

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