TWO brothers who were convicted in 2006 of murdering a couple who ran a petrol station at Winnards Perch near Wadebridge have been cleared following the cancellation of their planned retrial.

The decision comes after prosecutors concluded that there was no prospect of a conviction.

Robert and Lee Firkins were found guilty in January 2006 at Exeter Crown Court of the 2003 murders of Carol and Graham Fisher at their home at Winnards Perch, near Wadebridge.

The brothers - who had insisted they were innocent - were sentenced to life imprisonment, with a minimum term of 26 years. An appeal in February 2006 was dismissed.

The Firkins had always denied the murders and there was no physical evidence linking them to the scene.

A fresh appeal, launched in June 2023, succeeded and a retrial was scheduled to take place at Reading Crown Court.

However, this retrial will no longer proceed due to the lack of evidence to support a conviction.

James Wood KC and Sarah Elliott KC were both part of the original defence team representing the brothers.

In a statement they commented: “From the moment of these convictions, we knew the case was a gross miscarriage of justice. Based on an alleged jail cell confession, it illustrated the inherent dangers of this kind of evidence.

“Without the endless diligence and unpaid work of our solicitors over many years, and work of Farrhat, David and Philippa in more recent times, this victory would never have happened. We pay tribute to them all”.

A spokesperson for Devon and Cornwall Police said: “Devon and Cornwall Police note the decision of the court to acquit those convicted in connection with the deaths of Graham and Carol Fisher in 2003.

“In 2023 the Court of Appeal overturned the original conviction as a result of new medical evidence from the Criminal Case Review Commission.

“Since that point Devon and Cornwall Police’s Major Crime Investigation Team has worked closely with the Crown Prosecution Service (CPS) to prepare for a retrial of Robert and Lee Firkins scheduled for early 2025.

“Devon and Cornwall Police accepts the CPS has conducted a careful review of available evidence in the case and have concluded that there is no longer a realistic prospect of conviction. Consequently, the CPS has decided not to present any evidence before the court.

“Steps are already underway to manage the acquittal process including the release of Robert Firkins from prison. Lee Firkins will remain in custody due to other sentences he is currently serving.

“Devon and Cornwall Police understand that whilst the original investigation was over 20 years ago, it is possible that new information exists and so anyone who wants to contact ourselves or Crimestoppers, should do so as soon as possible.”

A CPS spokesperson added: “We have a duty to keep all cases under continuous review. Following a further review of the evidence in this case, we took the decision that our legal test was no longer met and that there was no longer a realistic prospect of conviction. That is why we offered no evidence in court. We have informed all parties involved.”