An extensive reply from:-
Mr G.P Demange
North West Regional Support Unit
PO Box 4237
Manchester Civil Justice Centre
1 Bridge Street West
DX : 724780 Manchester 44
T : 0161 240 5953
F : 0161 240 5915
E : NWRegionalSupportCorrespondence@hmcts.gsi.gov.uk
23rd June 2014
Freedom of Information Request
Dear Ms Oliver,
Thank you for your email of 26 th May 2014, in which you asked for the following information from the Ministry of Justice (MoJ):
Please see the attached document regarding Mr Michael Parnell RIP. He and his family feel his early death at 58 was due to the intolerable strain he was put under.
From the attached document it would appear Mr Parnell was punished although he was completely innocent. I don't know what law Judge Bernard Lever used to punish this innocent man, but that is my question. What aspect of the law was used to punish this man for a crime of which he was acquitted on appeal? And, he was punished right up until his early death.
I enclose an email from the local police confirming Mr Parnell was a completely innocent man.
Your request has been handled under the Freedom of Information Act 2000 (FOIA).
I can neither confirm nor deny whether the Ministry of Justice (MoJ) holds the information that you have requested.
We are not obliged to confirm or deny whether we hold the information you have requested as if held, this would relate to court records. Section 32(3) of the Act provides that there is no duty to confirm or deny whether we hold the information.
We are also not obliged to confirm or deny whether we hold the information you have requested as if held, this would be information relating to personal information. Section 40(5) of the Act provides that there is no duty to confirm or deny whether we hold the information.
The fact sections 32(3) and 40(5) of the Act has been cited, should not be taken as an indication that the information you requested is or is not held by the department.
The terms of these exemptions in the Freedom of Information Act mean that we do not have to consider whether or not it would be in the public interest for us to reveal whether or not the information is held.
You can find out more about Sections 32 and 40 by reading the extract from the Act and some guidance points we consider when applying these exemptions, attached at the end of this letter.
Although I unable to provide further assistance under the Freedom of Information Act the family may wish to apply directly to the Court or the Judge for release of the information requested.
You can also find more information by reading the full text of the Act (available at http://www.legislation.gov.uk/ukpga/2000/36/contents) and further guidance http://www.justice.gov.uk/guidance/freedom-
You have the right to appeal our decision if you think it is incorrect. Detail s can be found in the ‘How to Appeal’ section attached at the end of this letter.
You can also view information that the Ministry of Justice has disclosed in response to previous Freedom of Information requests. Responses are anonymised and published on our on-
The published information is categorised by subject area and in alphabetical order.
Mrs G.P Demange
Regional Support Unit
How to Appeal
If you are not satisfied with this response, you have the right to an internal review. The handling of your request will be looked at by someone who was not responsible for the original case, and they will make a decision as to whether we answered your request correctly.
If you would like to request a review, please write or send an email to the Data Access and Compliance Unit within two months of the data of this letter, at the
Data Access and Compliance Unit (10.34),
Information & Communications Directorate,
Ministry of Justice,
102 Petty France,
Information Commissioner’s Office
If you remain dissatisfied after an internal review decision, you have the right to apply to the Information Commissioner’s Office. The Commissioner is an independent regulator who has the power to direct us to respond to your request differently, if he considers that we have handled it incorrectly.
You can contact the Information Commissioner’s Office at the following address:
Information Commissioner’s Office,
Internet address: https://www.ico.gov.uk/Global/contact_us.aspx