A MAN convicted of murder claimed yesterday his employers breached his human rights when they sacked him after he was charged with the offence but before he was found guilty.
Roger Kearney, 57, was convicted in June at Winchester Crown Court of stabbing his married lover Paula Poolton, 40.
But his employers, Royal Mail, sacked him from his job as a van driver in January because they said he had committed gross misconduct.
Kearney, formerly of Sarisbury Green, Hampshire, is claiming 8,225 in lost earnings from the January date until he was convicted. He was not present at the hearing but was represented by his daughter.
In a statement, Kearney said: "I believe Royal Mail decided that I was guilty of the crime and wanted to get rid of me as soon as possible.
"Anyone can be accused of a crime at any time and it should follow that they are presumed innocent until found guilty.
"I accept that after my conviction on June 11, 2010, I would have no longer been able to fulfil my duties."
The hearing heard Royal Mail's grounds for dismissal were that Kearney had been charged in June 2009 with murder, along with the Press coverage and that he had failed to adhere to the standards expected of employees.
The company denies Kearney was unlawfully dismissed.
Mail centre manager Keith Finch told the hearing he sacked Kearney because he felt there could be a "risk" to the public because the murder of Ms Poolton was "particularly violent".
He was also on bail and unable to enter Hampshire and he worked at the Southampton Mail Centre.
Mr Finch said it was not a realistic option to allow Kearney to be suspended and stay at home.
He added that the publicity of the trial would damage Royal Mail's reputation and although Kearney had not been convicted, he felt that the authorities must have had good reason to charge him.
Chairman of the tribunal Raymond Trickey reserved judgment in the case until January 19 and adjourned the hearing.