The families of Barnaby Webber, Grace O’Malley-Kumar and Ian Coates welcome the announcement of a Law Commission review into homicide offences, particularly with regard to how diminished responsibility is classified.
In a united statement, they say:
Our laws, practises and processes are failing. They are flawed and archaic. Because of this, a gross miscarriage of justice has been served and Valdo Calocane has been able to manipulate the system to avoid punishment for his heinous crimes. He got away with murder.
We have never disputed his illness; however it is clear that he knew exactly what he was doing, he knew that what he was doing was wrong, and he chose to do it anyway. As such he is now a patient within our medical system with no current process to serve any punishment for his crimes.
Had our laws changed, as was first proposed almost 20 years ago, this outcome would have been very different. As it stands, we are forced to endure additional trauma in the knowledge that this individual, as well as being in receipt of full benefits, may very well be released back into our community.
Despite the much-used terms of “indefinite hospital orders” and “unlikely to ever be released” the facts are very different. More than 80% of those serving indefinite orders for serious offences are out within 10 years and 98% within 20 years. We have a lifetime of grief and devastation that has no end date.
Because of our dogged pursuit for justice, answers, accountability and change it appears as though some progress is being made. However, we remain very concerned about the continued quality and outcomes of the numerous investigations that have taken places across two police forces, the CPS and Nottingham Mental Health Trust.
We remain certain that the only possible outcome must be a judge led statutory inquiry and we continue to lobby our government for confirmation that this will take place as soon as possible.
Solicitor Neil Hudgell, who represents the families, said:
We obviously welcome this news along with the families of Grace, Barnaby and Ian. Unlike 20 years ago though, meaningful change must follow from any recommendations.
There are so many failings in this case, that to properly piece it all together and ensure accountability and change only a properly formulated Public Inquiry will do. A patch work of reports by multiple agencies operating on a freestanding basis and independent of each other runs the very real danger of falling short in that regard.
