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UK NEWS

KILLER FREED BY BLUNDER

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VICTIM: Richard Whelan

Friday November 23,2007

By Jo Macfarlane

An official investigation into failings in the criminal justice system has been launched after a man who admitted stabbing a bus passenger to death failed to be convicted of murder by two juries.

Drug-addled Anthony Joseph, 23 – who had been released wrongly from jail hours before the incident – initially denied murdering Richard Whelan after Mr Whelan tried to get Joseph to stop throwing chips at his girlfriend.


But he changed his not guilty plea to admit manslaughter on the grounds of diminished responsibility, claiming he was suffering from paranoid schizophrenia when he launched the attack.


The court heard that Joseph, of Islington, north London, had been released from a Manchester prison only hours earlier after a sex allegation against him was dropped. He should have been held because he was due to appear at another court for a burglary offence.

ì
Our lives have changed forever. We miss him every day
î

Richard Whelan's sister, Teresa Ward

 

But prison sources claim they did not know there was an outstanding arrest warrant out for him, even though it was logged on the police national computer.


The Ministry of Justice last night announced an investigation. It says the case showed a “number of failings for the criminal justice system as a whole” and it wants to make sure any “mistakes” do not happen again.

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Two separate juries failed to agree verdicts, despite graphic CCTV footage showing Mr Whelan struggling with Joseph and numerous witnesses describing the savage knife attack.


When the second jury was discharged yesterday from the Old Bailey, Joseph changed his plea.


The prosecution accepted the new plea and is not seeking a third trial. 


Mr Whelan, 28, a hospitality agent, from Kentish Town, north London, died after being stabbed through the heart on the top deck of a number 43 bus in Holloway Road, north London, on July 29, 2005. His sisters, Teresa Ward and Dolores Whelan, said his death had changed their lives forever.


Mrs Ward said: “Anthony Joseph was an angry and vindictive man. He has tried to excuse his actions by claiming mental illness. He callously killed Richard for no reason. 


“Richard was a very private, quiet man with high values, who treated people with respect. He made the mistake of judging another by his own standards and paid with his life. Our lives have changed forever. We miss him every day.” Mr Whelan confronted Joseph – who had been drinking and taking drugs – after he threw chips at his girlfriend Kerry Barker, 38. But Joseph became “verbally and physically aggressive”, the court heard, and pulled out a knife. 


Philip Katz QC, defending, said Joseph was suffering from the onset of schizophrenia. 

Joseph was remanded in custody to Broadmoor. He will be sentenced on December 20.


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RAINBOW WONDERWORLD

23.11.07, 6:15pm

Plenty more enrichments to come folks.
Just keep voting for it.

• Posted by: DylanReport Comment

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A TRAGEDY AT THE HANDS OF OUR GOVERNMENT

23.11.07, 3:27pm

Another example of tragedy that can result from the failure of communications within governmental systems... this man should never have been released... and, as usual, it is the decent, law-abiding folk that are the victims.

It seems that British governmental agencies are falling apart at the seams.. we are now hearing about something new every day.. yesterday it was 25 million people's personal details... who knows what tomorrow will bring...

• Posted by: NoisySiameseReport Comment

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THIS WOULD NOT HAVE HAPPENED IF WE HAD THE DEATH PENALTY

23.11.07, 2:00pm

This killer would have been sentanced to Death by Leathal Injection so it could not have happen a second time.
We need to clean the streets of these killers not give them a nice Prison Cell to live in with their own TV etc.

• Posted by: Save_BritainReport Comment

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IN THIS SOCIETY.....

23.11.07, 12:28pm

The answer seems to be Yes, Elgar

• Posted by: millieCReport Comment

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A LIBERAL WILL TELL YOU.....

23.11.07, 12:07pm

That this man has enriched our society by being here and that it was not his fault really, after all his mother wasn't there for him and he was poor.

Apparently that makes it ok to kill decent people.

• Posted by: Elgar1857Report Comment

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