Michael Weir (born 1966) is a British double
murderer
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the c ...
and serial burglar who was the first person in British history to have been convicted of the same crime twice.
In 1999, he was jailed for the murder of 78-year-old war veteran Leonard Harris. Weir's conviction was quashed a year later at the
Court of Appeal on a technicality, only for him to be re-convicted in 2019 in a '
double jeopardy
In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being Trial, tried again on the same (or similar) charges following an acquittal or conviction and in rare ...
' case after new evidence was found.
Weir was also convicted in 2019 of the murder of 83-year-old Rose Seferian, who was also killed during a burglary five weeks after Harris, which made additional history as the first time a second murder charge was added to a double jeopardy case.
Upon Weir's conviction at the
Old Bailey in December 2019, judge
Justice McGowan told the
jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment.
Juries developed in England du ...
that they had made "legal history".
Crimes and trials
Michael Weir was a serial burglar from
Hackney in east London.
On 28 January 1998, Weir broke into the flat of Leonard and Gertrude Harris, stole a gold watch and ring, killed Leonard Harris and injured Gertrude Harris.
Three days after the attack police found a palm print on the bedroom door, but missed a match with Weir at the time as the comparative sample was of poor quality.
Five weeks later, on 5 March, Weir broke into the home of 83-year-old Rose Seferian, stole jewellery and cash, and attacked and killed Seferian.
The police did not initially connect the two crimes.
Weir was tried at the
Old Bailey in 1999 for Harris's murder and found guilty, but in 2000 the
Court of Appeal quashed his conviction on a technicality and he was freed.
His conviction had been based upon
DNA which police had erroneously kept on the police database, and the Court of Appeal decided that the trial judge had been wrong to admit this as evidence.
The
Crown Prosecution Service
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions.
The main responsibilities of the CPS are to provide legal ad ...
missed the deadline to appeal the decision to the
House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminster ...
.
The Lords later found that in Weir's case the original decision to admit the DNA evidence had been correct, but a retrial was not possible until 2005 when the
double jeopardy
In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being Trial, tried again on the same (or similar) charges following an acquittal or conviction and in rare ...
law was changed in England and Wales to allow those acquitted of crimes to be re-tried if new and compelling evidence was found.
In 2019 Weir was re-tried for Harris's murder after the palm print found at the scene at the time was finally matched to him and because new forensic techniques not available in 1998 revealed that his DNA was at the scene.
He was also charged with the murder of Seferian after palm prints found on the window he broke in through were matched to him.
Weir had no explanation for the forensic evidence and was convicted of Harris's murder again at the Old Bailey in December 2019, as well as for the murder of Seferian.
Harris's daughter-in-law expressed her anger at Weir's original conviction having been quashed, saying: "The defendant has been allowed to get on with his life for 21 years".
Judge
Justice McGowan told the jury that they had made "legal history" for convicting a defendant a second time of the same crime.
See also
*
Double jeopardy in the UK post-2003
*
List of miscarriages of justice in the United Kingdom
*
Murder of Amanda Duffy
Amanda Duffy, a 19-year-old Scottish student, was killed in grisly circumstances in 1992. The main suspect, Francis Auld, was tried for murder in the High Court of Justiciary in Glasgow and was acquitted when the jury returned a majority verdict o ...
*
Murder of Billie-Jo Jenkins
Billie-Jo Margaret Jenkins (29 March 1983 – 15 February 1997)''England & Wales, Civil Registration Death Index, 1916–2007'' was an English girl who was murdered in Hastings, East Sussex in February 1997. The case gained widespread media at ...
*
Murder of Alison Shaughnessy
On 3 June 1991, 21 year old Alison Shaughnessy ( Blackmore; born 7 November 1969) was stabbed to death in the stairwell of her flat near Clapham Junction station. Shaughnessy was newly married, but her husband was having an affair with a 20-ye ...
*
Stephen Downing case
*
Jessie McTavish
Jessie Gordon, formerly McTavish, (born c.1940) is a Scottish retired nurse who was convicted in 1974 of murdering a patient with insulin, and of administering a variety of substances with intent to cause harm. The conviction was overturned on a ...
*
David Smith – man acquitted of the murder of a sex worker at the Old Bailey in 1993 only to go on to murder a prostitute in 1999
References
{{DEFAULTSORT:Weir, Michael
1998 in England
1999 in England
1998 in London
1999 in London
2000 in England
2000 in London
Murder in London
Criminals from London
English people convicted of murder
People convicted of murder by England and Wales
Crime in London
People acquitted of murder
People from Hackney, London
English prisoners sentenced to life imprisonment
Living people
1998 murders in the United Kingdom
British male criminals
Overturned convictions in England
Court of Appeal (England and Wales) cases
1998 in British law
1999 in British law
2000 in British law
2019 in British law
People wrongfully convicted of murder
Trials in London
Murder trials
Trials in England
1990s trials
2010s trials
Old Bailey
1966 births