Jailed Liverpool football fan Michael Shields has had an appeal for a pardon provisionally refused by Justice Secretary Jack Straw.
High Court judges ruled in December that Mr Straw had the power to grant Shields a pardon.
Shields, 22, from Edge Hill, Liverpool, has always maintained his innocence.
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.
“Mr Straw has made his decision in accordance with the High Court judgment of 17 December 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.”
“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.”
Shields’ father, also Michael, said:
“We are absolutely devastated. I have spoken to Michael and he is absolutely distraught.
“I don’t know how much more we can take as a family. One minute we are expecting him to be pardoned and released then the next minute all our hopes are dashed.
“All I can say is that Michael, his family and all the campaigners are absolutely heartbroken.”
Shields’ solicitor Jon Wheate told BBC News:
“We believe the evidence is overwhelming and any right-minded person will look at it and see that.
“It is Michael Shields we should all be feeling for.”
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