28/04/2008

Report Criticises Justice System Over Bus Death

The criminal justice system has come under fire over breached bail conditions of a man that lead the death of a bus passenger.

A report has condemned the 'lackadaisical' approach, which led to a man, who had been arrested for alleged abduction and unlawful sex with a minor, to being released.

Anthony Joseph, 23, is being detained indefinitely at Broadmoor secure hospital under the Mental Health Act.

Joseph who is reported to be a schizophrenic, admitted to the manslaughter of Richard Whelan, 28, from Kentish Town.

The report, led by the Crown Prosecution Service Inspectorate said there had been "a lack of diligence" over Joseph's bail conditions, which meant he had been released when there was another warrant out for his arrest issued by Merseyside Police for an alleged burglary.

Solicitor General Vera Baird said there had been a "lackadaisical or nonchalant approach within the criminal justice system".

However, it was also stated that there was "nothing to suggest that the criminal justice agencies should have been aware that the defendant was likely to commit an offence of extreme violence or that he was suffering from an extreme mental illness".

Mr Whelan was travelling with his girlfriend, Kerry Barker, 38, on the top deck of a bus when the attack happened.

CCTV shows footage of Joseph throwing chips at his girlfriend and another woman. A scuffle ensued and Mr Whelan was stabbed through the heart and suffered six other wounds.

Joseph admitted manslaughter on the grounds of diminished responsibility after a jury failed to reach a verdict of murder at his second trial.

In his first trial in May 2007, the jury also failed to reach a murder verdict.

The Solicitor General says that the government is reviewing bail conditions and will soon issue a consultation paper while the CPS has revised its guidance to prosecutors on post-conviction bail.

The report has also recommended that prisons should be given more exclusive access to the Police National Computer so it can be ascertained whether individuals have outstanding charges or warrants.

(DS/JM)

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