Shields is serving a ten-year sentence for the alleged attempted murder of a Bulgarian barman after his team’s victory in the Champions League Final in 2005. It is alleged as another man did confess but then withdrew his confession and witness statements state other men had be responsible.
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.”
Mr Straw had always claimed that he had no authority to intervene in the case, however after the High Court judges had ruled that Straw did have the power to grant Shields a pardon.
Shields, who is due for release in May 2010, has been told he can make further representations to Mr Straw who will then make a final decision.
Shields was with a group of friends who visited the Golden Sands resort in Varna, Bulgaria, after the club’s Champions League win in Istanbul.
He was arrested with several others by local police on 30 May 2005 after barman Martin Georgiev was hit on the head with a paving slab, suffering a fractured skull.
He was convicted later that year and transferred to the UK in 2006 to complete his sentence, which was reduced on appeal to 10 years. This was after another man admitted to police in writing that he had committed the crime, and after two others where fingered by a witness statement. Mr Sankey issued a “confession” through his solicitor after Shields had been convicted but then withdrew it.
Shields’ father, Michael Sr, 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.”
