Gracia, Michael
Michael Gracia was arrested and prosecuted following a “Reclaim the Streets” protest in August 1996. In January 1997 at Horseferry Road Magistrates Court he pleaded not guilty to assault on a police officer. He was convicted and received a conditional discharge for 12 months and was ordered to pay £50 costs.
Mr Gracia was a co-defendant of John Jordan whose conviction arising from the same event was referred for appeal by the CCRC in July 2013.
In September 2014, the CCRC’s referral of Mr Jordan’s case came before Southwark Crown Court. The Crown Prosecution Service (CPS) chose not to contest Mr Jordan’s appeal and the appeal was allowed.
During its investigation into Mr Jordan’s conviction the CCRC ascertained that one of Mr Jordan’s co-accused (who was acquitted) was an undercover police officer. At trial the CPS, court and defence were not aware of this fact.
The CPS subsequently acknowledged that, had they been aware of the situation, there was a “strong likelihood” that Mr Jordan would not have been prosecuted.
Mr Gracia’s conviction arose from the same circumstances and much of the same evidence as Mr Jordan’s. In view of this, and in the light of Mr Jordan’s successful appeal, the CCRC located and approached Mr Gracia and invited him to make an application for a review of his conviction.
Mr Gracia’s application arrived at the CCRC in October 2014.
The CCRC decided to refer Mr Gracia’s conviction for appeal at the Crown Court because it considered that there was a real possibility that an appeal would succeed.
The CCRC referred the conviction in May 2015.
The Crown Court quashed the conviction in June 2015.