Nottingham killer Valdo Calocane’s sentence was not ‘unduly lenient’, judges rule
The sentence given to Nottingham killer Valdo Calocane was not “unduly lenient”, senior judges have ruled.
Calocane, 32, was handed an indefinite hospital order for the manslaughter by reason of diminished responsibility of Grace O’Malley-Kumar, Barnaby Webber and Ian Coates, and the attempted murder of three others last June.
The attacker’s guilty pleas were accepted after medical evidence showed he has paranoid schizophrenia, with the judge at his sentencing saying he would be detained at a high-security hospital “very probably” for the rest of his life.
Valdo Calocane. Pic: PA
Attorney General Victoria Prentis referred the sentence to the Court of Appeal in February, arguing it was “unduly lenient”.
At a hearing last week, lawyers said Calocane should instead be given a “hybrid” life sentence, where he would first be treated for his paranoid schizophrenia before serving the remainder of his jail term in prison.
However, this was rejected in a ruling on Tuesday from the Lady Chief Justice Baroness Carr, Lord Justice Edis and Mr Justice Garnham at the Royal Courts of Justice in London.
In a summary of the Court of Appeal’s decision, Baroness Carr said: “There was no error in the approach adopted by the judge.
“The sentences imposed were not arguably unduly lenient.”
Grace O’Malley-Kumar, Barnaby Webber and Ian Coates were fatally stabbed by Valdo Calocane. Pics: Family handouts
She added: “It is impossible to read of the circumstances of this offending without the greatest possible sympathy for the victims of these terrible attacks, and their family and friends.
“The victim impact statements paint a graphic picture of the appalling effects of the offender’s conduct.
“Had the offender not suffered the mental condition that he did, the sentencing judge would doubtless have been considering a whole life term.
“But neither the judge nor this court can ignore the medical evidence as to the offender’s condition which led to these dreadful events or the threat to public safety which the offender continues to pose.”
Dr Sanjoy Kumar and Dr Sinead O’Malley, the parents of Ms O’Malley-Kumar, were in court for the ruling.
Dr Sanjoy Kumar and Dr Sinead O’Malley – the parents of Grace O’Malley-Kumar – attended today’s court hearing. Pic: PA
In a statement afterwards, Mr Webber’s mother Emma said today’s outcome “proves how utterly flawed and under-resourced” the criminal justice system is – and the need for urgent reforms to the UK’s homicide law.
She said: “The fact remains, despite the words of the judge, that almost 90% of people serving hospital orders are out within 10 years and 98% within 20 years. In effect, the families now face their own life sentence of ensuring the monster that is Valdo Calocane becomes the next Ian Brady or Fred West and is never released.
“Given the failed investigation carried out by Nottingham Police, the weak prosecution put forward by East Midlands CPS and the over-reliance on doctors’ reports, there was probably no other conclusion that could be made.”
She said the families’ “fight for justice” would continue, and called for a public inquiry.
“We do not and never will agree that the vicious, calculated and planned attacks carried out were that of an individual who was at zero level of capability,” she said.
“We have never disputed that he is mentally unwell; however, he knew what he was doing, he knew that it was wrong; but he did it anyway. There should be an element of punishment for such a heinous act; alongside appropriate treatment.”
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Calocane was sentenced at Nottingham Crown Court in January for the fatal stabbings of 19-year-old students Mr Webber and Ms O’Malley-Kumar and 65-year-old school caretaker Mr Coates in the early hours of 13 June last year.
After killing Mr Coates, Calocane stole his van and hit three pedestrians before being arrested.
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The victims’ families have consistently criticised Calocane’s sentence, with Mrs Webber saying in January that “true justice has not been served”, while Mr Coates’ son James said the killer had “got away with murder”.
At the hearing in London last Wednesday, Deanna Heer KC, representing the Attorney General’s Office, said Calocane’s “extreme” crimes warranted “the imposition of a sentence with a penal element, an element of punishment”.
But Peter Joyce KC, for Calocane, said that none of the offences would have been committed “but for the psychosis” and that imposing a hybrid order would mean he would be “punished for being mentally ill”.
The judges at the Court of Appeal could not examine or change the offences for which Calocane was sentenced and could not look at any new evidence related to the case.
Instead, they could only assess whether the sentence was unduly lenient based on the evidence before the sentencing judge at the time.
A teenage girl who was killed after getting out of a police car on the M5 in Somerset has been named.
Tamzin Hall, 17 and from Wellington, was hit by a vehicle that was travelling southbound between junction 24 for Bridgwater and junction 25 for Taunton shortly after 11pm on Monday.
She had exited a police vehicle that had stopped on the northbound side of the motorway while transporting her.
A mandatory referral was made to the Independent Office for Police Conduct, which is now carrying out its own investigation into what happened.
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Avon and Somerset Police said: “Our thoughts and sympathies go out to Tamzin’s family for their devastating loss.
“A specially-trained family liaison officer remains in contact with them to keep them updated and to provide support.
“The family have asked for privacy at this difficult time.”
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The police watchdog, the IOPC, has been asked to investigate.
In a statement, director David Ford, said: “This was a truly tragic incident and my thoughts are with Tamzin’s family and friends and everyone affected by the events of that evening.
“We are contacting her family to express our sympathies, explain our role, and set out how our investigation will progress. We will keep them fully updated as our investigation continues.”
Paramedics attended the motorway within minutes of the girl being hit but she was pronounced dead at the scene.
The motorway was closed in both directions while investigations took place. It was fully reopened shortly after 11am on Tuesday, Nationals Highways said.
A survivors group advocating for women allegedly assaulted by Mohamed al Fayed has said it is “grateful another abuser has been unmasked”, after allegations his brother Salah also participated in the abuse.
Justice for Harrods Survivors says it has “credible evidence” suggesting the sexual abuse allegedly perpetrated at Harrods and the billionaire’s properties “was not limited to Mr al Fayed himself”.
The group’s statement comes after three women told BBC News they were sexually assaulted by al Fayed’s brother, Salah.
One woman said she was raped by Mohamed al Fayed while working at Harrods.
Helen, who has waived her right to anonymity, said she then took a job working for his brother as an escape. She alleges she was drugged and sexually assaulted while working at Salah’s home on Park Lane, London.
Two other women have told the BBC they were taken to Monaco and the South of France, where Salah sexually abused them.
Mohamed al Fayed. Pic: AP
The Justice for Harrod Survivors representatives said: “We are proud to support the survivors of Salah Fayed’s abuse and are committed to achieving justice for them, no matter what it takes.”
The group added it “looks forward to the others on whom we have credible evidence – whether abusers themselves or enablers facilitating that abuse – being exposed in due course”.
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Salah was one of the three Fayed brothers who co-owned Harrods.
The business, which was sold to Qatar Holdings when Mohamed al Fayed retired in 2010, has said it “supports the bravery of these women in coming forward”.
A statement issued by the famous store on Thursday evening continued: “We encourage these survivors to come forward and make their claims to the Harrods scheme, where they can apply for compensation, as well as support from a counselling perspective and through an independent survivor advocate.
“We also hope that they are looking at every appropriate avenue to them in their pursuit of justice, whether that be Harrods, the police or the Fayed family and estate.”
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Bianca Gascoigne speaks about Al Fayed abuse
The Justice for Harrods Survivors group previously said more than 400 people had contacted them regarding accusations about Mohamed al Fayed, who died last year.
One of those alleged to have been abused is Bianca Gascoigne, the daughter of former England player Paul.
Speaking to Sky News in October, Gascoigne said she was groomed and sexually assaulted by al Fayed when she worked at Harrods as a teenager.
UK
Wes Streeting ‘crossed the line’ by opposing assisted dying in public, says Labour peer Harriet Harman
Wes Streeting “crossed the line” by opposing assisted dying in public and the argument shouldn’t “come down to resources”, a Labour peer has said.
Speaking on Sky News’ Electoral Dysfunction podcast, Baroness Harriet Harman criticised the health secretary for revealing how he is going to vote on the matter when it comes before parliament later this month.
MPs are being given a free vote, meaning they can side with their conscience and not party lines, so the government is supposed to be staying neutral.
But Mr Streeting has made clear he will vote against legalising assisted dying, citing concerns end-of-life care is not good enough for people to make an informed choice, and that some could feel pressured into the decision to save the NHS money.
He has also ordered a review into the potential costs of changing the law, warning it could come at the expense of other NHS services if implemented.
Baroness Harman said Mr Streeting has “crossed the line in two ways”.
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“He should not have said how he was going to vote, because that breaches neutrality and sends a signal,” she said.
“And secondly… he’s said the problem is that it will cost money to bring in an assisted dying measure, and therefore he will have to cut other services.
“But paradoxically, he also said it would be a slippery slope because people will be forced to bring about their own death in order to save the NHS money. Well, it can’t be doing both things.
“It can’t be both costing the NHS money and saving the NHS money.”
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Review into assisted dying costs
Baroness Harman said the argument “should not come down to resources” as it is a “huge moral issue” affecting “only a tiny number of people”.
She added that people should not mistake Mr Streeting for being “a kind of proxy for Keir Starmer”.
“The government is genuinely neutral and all of those backbenchers, they can vote whichever way they want,” she added.
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Prime Minister Sir Keir Starmer has previously expressed support for assisted dying, but it is not clear how he intends to vote on the issue or if he will make his decision public ahead of time.
The cabinet has varying views on the topic, with the likes of Justice Secretary Shabana Mahmood siding with Mr Streeting in her opposition but Energy Secretary Ed Miliband being for it.
Energy Security and Net Zero Secretary Ed Miliband is said to support the bill. Pic: Reuters
Justice Secretary Shabana Mahmood has concerns. Pic: Reuters
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The Terminally Ill Adults (End of Life) Bill is being championed by Labour backbencher Kim Leadbeater, who wants to give people with six months left to live the choice to end their lives.
Under her proposals, two independent doctors must confirm a patient is eligible for assisted dying and a High Court judge must give their approval.
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Labour MP Kim Leadbeater discusses End of Life Bill
The bill will also include punishments of up to 14 years in prison for those who break the law, including coercing someone into ending their own life.
MPs will debate and vote on the legislation on 29 November, in what will be the first Commons vote on assisted dying since 2015, when the proposal was defeated.
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