BLACKBURN MP and Justice Secretary Jack Straw yesterday refused an appeal for a pardon by jailed football fan Michael Shields.

Shields was jailed for 15 years in Bulgaria in 2005 for the attempted murder of a barman following Liverpool FC’s European Cup victory in Turkey.

In a provisional decision, Mr Straw was unable to conclude the 22-year-old was “morally and technically innocent”, a Ministry of Justice spokesman said. Shields can make further representations to the Justice Secretary, after which he will make a final decision.

Despite another man confessing to the attack, Shields was locked up for 10 years.

He was transferred to the UK to serve the remainder of his sentence, and is currently held at HMP Haverigg in Cumbria.

A statement issued by the Ministry of Justice said: “Following a detailed and careful consideration of all the relevant evidence the Justice Secretary, Jack Straw, has made a provisional decision that the application for a free pardon from Mr Michael Shields should be refused.

”The Ministry of Justice has written to Mr Shields today to convey this decision.

”The letter to Mr Shields provides a full explanation of the reasons for the Justice Secretary’s provisional decision.

”Mr Straw has made his decision in accordance with the High Court judgment of December 17 2008 which indicated that, in order to grant a free pardon, he would have to be satisfied that Mr Shields was morally and technically innocent.

"The judgment stated: ‘In principle... the grant of a free pardon would appear to require a conclusion that, taking the Bulgarian courts’ judgment for what it is and without calling in question its correctness on the material which those courts considered, fresh evidence which the Bulgarian courts did not consider, taken with the material which they did consider and their judgment upon it justifies a conclusion that Michael Shields is morally and technically innocent’.

”This is a very high test and the Justice Secretary has provisionally concluded that on the evidence he currently has, that test is not met.

”The Justice Secretary recognises, of course, that many will be disappointed by his decision. But in exercising this quasi-judicial function, he has adopted the approach that the court expected him to adopt.

”Mr Shields can now submit any further representations he may want to make, after which the Justice Secretary will make a final decision on the evidence before him.”

Mr Shields’ father, Michael senior, was furious that his son was deemed by the Justice Secretary not to be “morally and technically innocent”.

Mr Shields said, despite being assured by the Prime Minister that the family and his son’s lawyer would be written to, Michael Jnr was the only one to receive the news, alone in his cell.

He said: “I just cannot believe the way he (Jack Straw) has done this.

”They sent the letter straight to Michael alone in jail and not to his lawyer.

”I don’t know what I am going to do.

”We are going to have to discuss our next step.

”I think we have 28 days to try to convince them they’re wrong.

”Michael’s just absolutely distraught.”

Mr Shields’s mother, Marie, said she was heartbroken by the news.

Fighting back tears, she said: “I just can’t believe it - it’s a disgrace, this feels like a knife in the back.

”It’s not final though.

”We only heard because we had a missed call from the prison so phoned them back.

”I don’t know how much Michael can take.”

The family’s solicitor, John Wheate, said: “It’s a provisional no.

”Apparently we have a further 28 days to make representations.

”To get a pardon you have to get a higher degree of certainty and I think that’s what they’re talking about.

”But Jack Straw is hiding behind it.

”There is no way in the British judicial system this would have even got into court.

”If we’ve got a further 28 days to make representations then we will definitely do that.

”I have been in this line of work for 37 years and this lad is as innocent as you and me.”

Hopes were raised at the beginning of June when, answering a parliamentary question, Prime Minister Gordon Brown promised the Shields family they would have news by the end of the month.

On Tuesday the Justice Ministry said an announcement would be made in the next few days.

But today’s news dashed the hopes of the Shields family and thousands of their supporters who have campaigned for the fan’s freedom.