UK Guinness trial judged `unfair'

The European Court of Human Rights yesterday ruled that three of the men convicted of fraud over the infamous Guinness takeover of Distillers in 1986 - former stockbroker Mr Anthony Parnes, financier Mr Jack Lyons and Heron chief executive Mr Gerald Ronson - had received an unfair trial in the British courts.

Their trial in 1990 remains one of the highest profile UK prosecutions of senior businessmen and put City of London practices under the spotlight. The three men and Mr Ernest Saunders, the former Guinness chief executive, were convicted of theft and false accounting.

Mr Saunders, Mr Parnes and Mr Ronson all served jail sentences for their roles in the takeover bid, which was assisted by a secret share support operation. Mr Lyons escaped jail because of poor health, but was fined £3 million ($4 million).

Lawyers for Mr Parnes said yesterday that he would use the ruling in a further attempt to clear his name.

Mr Keith Oliver, of solicitors Peters & Peters, said: "Mr Parnes has always strongly maintained his innocence and we are urgently exploring all options available to him with a view to finally securing justice."

He said these options included using the Human Rights Act, which comes into force in the UK next month, to challenge the original conviction. Under the Act, the UK courts are obliged to incorporate European rulings into domestic law.

Lord Mishcon, Mr Ronson's solicitor, said: "This judgment confirms what has been a widely held view that Gerald Ronson suffered a grave injustice as a result of the Guinness trial."

In an identical judgment to one given over three years ago on Mr Saunders, the European Court of Human Rights said the prosecution's use of evidence, given under compulsion to department of trade and industry inspectors, breached Article 6 of the European Convention on Human Rights, guaranteeing a fair trial.

However, it did not say the three men should have been acquitted and made no award for compensation to be paid.

Lawyers for Mr Lyons and Mr Ronson said they were considering the judgment.

It is unclear whether Mr Ernest Saunders, the former Guinness chief executive jailed because of the scandal, will also mount such a challenge.