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"Guinness four" lose fight to overturn conviction.


AP -- Four men convicted 12 years ago of trying to rig the stock price of brewer Guinness PLC Guinness PLC

Manufacturer of distilled liquors and brewer of a distinctive, dark, creamy stout. It originated in Dublin, where Arthur Guinness bought a small brewery in the late 18th century.
 lost Monday in their attempt to have their convictions overturned.

The law lords Law Lords
Noun, pl

(in Britain) members of the House of Lords who sit as the highest court of appeal

Law Lords nplCorte f Suprema 
, Britain's highest appeal court, rejected the claim of former Guinness chief executive Ernest Saunders Ernest Walter Saunders (born October 21, 1935) was a British business manager, best known as one of the "Guinness Four". Personal life
He was born Ernest Walter Schleyer
 and his three co-defendants _ known as the "Guinness Four"--that their 1990 trial was unfair under European human rights law.

The four claim the lower Court of Appeal was obliged to quash their convictions in light of subsequent European human rights rulings that they did not get a fair trial.

They argued that they were wrongly deprived of their right to silence by being compelled to give evidence to government inspectors that was then used as evidence against them in court.

In 1996, the European Court of Human Rights European Court of Human Rights: see Council of Europe.  in Strasbourg agreed.

However, the five law lords unanimously upheld the prosecution contention that English law The system of law that has developed in England from approximately 1066 to the present.

The body of English law includes legislation, Common Law, and a host of other legal norms established by Parliament, the Crown, and the judiciary.
 as it stood at the time of the 1990 trial could not be trumped by later decisions of the European Court of Human Rights in Strasbourg.

Britain did not incorporate the European Convention on Human Rights “ECHR” redirects here. For the court, see European Court of Human Rights.

The Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights (ECHR
 into law until 1998.

The Strasbourg court ruled that Saunders, Gerald Ronson, Anthony Panes and Jack Lyons were robbed of their right not to be required to incriminate To charge with a crime; to expose to an accusation or a charge of crime; to involve oneself or another in a criminal prosecution or the danger thereof; as in the rule that a witness is not bound to give testimony that would tend to incriminate him or her.  themselves because evidence they were compelled by law to give to Department of Trade inspectors was later used against them at their trial.

Parliament has since amended the law to conform to that judgment.

But the law lords held that that amendment had no retrospective effect. They said the Court of Appeal had been bound to accept the law as it stood at the time of trial.

Ben Emmerson, representing the four appellants, said during the appeal that they might go back to the Strasbourg court

The four were convicted on charges relating to manipulation of the stock market to inflate the price of Guinness shares. Their goal had been to make the shares more attractive before Guinness' successful stock and cash offer in a takeover battle for Scottish liquor company Distillers in 1986.

Saunders, Ronson, Lyons and Parnes lost an earlier appeal in 1995.

Saunders, 64, served 10 months of a 2 1/2-year sentence, and was released after he was diagnosed as suffering from pre-senile dementia. He now says the diagnosis was mistaken.

Ronson, 61, served six months in prison and was fined S8 million.

Parnes, 54, was sentenced to 21 months in prison.

Lyons, 84, was spared prison because of ill health, but paid a fine of S4 million and was stripped of his knighthood knighthood: see chivalry; courtly love; knight. .
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Publication:Modern Brewery Age
Geographic Code:4EUUK
Date:Nov 25, 2002
Words:432
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