Greenock man accused of murder in US has final hearing

The legal team for Phillip Harkins made their final appeal to the European Court of Human Rights yesterday in a bid to prevent his transfer to the States to stand trial in Florida.

Harkins, 38, moved to the States with his family when he was 14 and is accused of shooting a man dead in Jacksonville in 1999 during an armed robbery.

He claims he was never at the scene.

Judges heard his final appeal at the ECHR in Strasbourg yesterday, where it was argued that if he is convicted he will receive a life sentence with no prospect of parole.

His lawyers say that would violate the European Convention on Human Rights, which prohibits inhuman or degrading treatment or punishment.

The court has previously thrown out the claim, arguing that the US has provided assurances over his treatment and that the governor of Florida has the discretionary power to reduce a sentence and that this has happened in the past.

But Harkins’ defence lawyer, Edward Fitzgerald QC, said: “The sentence of life without parole in Florida is intended to ensure that he will die in prison.”

He added that his client’s chances of release are ‘so low as to be non-existent’.

James Eadie QC, on behalf of the UK Government, told the court: “The system in Florida did allow for the sentence to be reduced.. and on this basis we respectfully invite the court to declare this application inadmissible under article 35 or alternatively to dismiss it on the merits under article three.”

Harkins returned to Greenock after being released on bail in 2002 and only came to the attention of the authorities after causing the death of gran Jean O’Neill, 62, the following year in a car crash in Eldon Street.

He was jailed for five years and has been in prison ever since whilst his legal teams fight Scotland’s longest ever extradition case.

The 18-strong panel of judges have now retired to consider the evidence and will make a ruling at a later date.