Friday, March 21, 2008 

Scum and Mail-watch: More on the Horne hypocrisy and bashing those on benefit.

Can you get much more hypocritical than the Daily Mail? Today, a day late after the Sun had already splashed on it:

And part of the Mail's front page the day after the ruling that Learco Chindamo could not be deported back to Italy:

The Mail of course doesn't want malingering criminals to be sent back here, but it's perfectly OK with those who have served their time and have shown such a willingness to reform that the prison governor himself spoke out in his favour to be sent back to their "home" country, even if like Raymond Horne here and Learco Chindamo would be in Italy, they would be without any family, place to go or even any sort of connection to a country which they left when they were small children.

The Sun however is determined to make as much out of the comparison with Chindamo at it possibly can, even though it too is outraged by Horne's deportation. In a sidebar of its Horne story:

RARELY has there been a clearer case of double standards. Britain has been forced this week to accept sick paedophile Raymond Horne after he was flung out of Australia.

But only last year, our attempts to deport the Italian-born killer of headteacher Philip Lawrence — Learco Chindamo — ended in failure.

Horne moved to Australia when he was five and has lived there for 56 years. But because he is a British citizen — and because Australia isn’t tied up in EU regulations — lawyers say we have to take him back.

Chindamo was born in Italy and moved to Britain when he was six. Just nine years later, in 1995, he brutally killed Mr Lawrence.

Yet the Asylum and Immigration Tribunal threw out the bid to deport him to Italy last August as it would infringe his Human Right to have a family life, and breach EU directives that he can’t go unless he threatens the “fundamental interests of society”.

So we are powerless. And both are now free to roam our streets.

Well no, it's not double standards. Our courts have it right and Australia has it wrong - it is monstrous to send someone back to a country which they have no links to, especially when it's the country both have grown up in that has shaped the individual. If someone comes here as an adult and commits a crime then they should be deported unless there are pressing reasons as to why they should not - more on this in a moment. Horne is not our responsibility, just as Chindamo is. The Sun has also typically got it the wrong way round, wilfully, no doubt - it was the EU directive that meant he couldn't be deported, as he had been here for over 10 years. Only if that existed would the human rights act have came into play, as the judge who decided the Home Office's appeal made clear. Also, Chindamo is as far as I'm aware yet to be released, so he's not free at all.

The Sun's article on Horne himself is close to hysterical:

EVIL Raymond Horne last night settled in to his cushy new life in Britain — funded by hard-up taxpayers.

The 61-year-old fiend — dumped on us by Australia — will enjoy a free home, protection and benefits.

But police security and surveillance of him will cost taxpayers as much as £100,000 a year.


I'd say that presumably then the Sun would prefer that he wasn't monitored - but that would be a straw man, and that after all, is what the Sun relies on. The most likely place he'll be sent first of all is to a hostel, not a house, and far from being "protected", which he wouldn't need anyway if the Sun and Mail weren't plastering him all over the newspapers, he's going to be under the supervision of MAPPA, as the Sun article later admits. This doesn't however stop them from already imagining how he'll be spending his spare time:

He is even effectively free to stalk playgrounds or schools — and cannot be stopped from living near young families — because he did not serve time for his vile crimes in Britain.

Yeah, and he'll probably alternate when he isn't doing those two things with masturbating at the sight of children walking down the street and stroking a white cat sitting on his lap. Not to get too sidetracked, but Lorraine Kelly's been thinking up what Horne's going to immediately start doing as well:

But you know as well as I do that he will disappear into the undergrowth and be just one of thousands of grubby perverts who get away with child abuse and child rape, and allow sick child pornography to flourish.

Oh yes, there are tens of thousands of individuals out there who get away with child abuse and child rape. Memo to Ms Kelly: the vast, vast majority of child abuse and rape occurs within the family, which Horne doesn't have here, and child rape by a stranger is about a rare a crime as there is. When it does occur, it tends to be other children raping those within their own age group, not older men or those like Horne. Instead we're so terrified of paedophiles, as a direct result of the scaremongering and out of all proportion reporting on the matter by the Sun that we have schools that think they need to cover up children's faces when they put their images on the net. Then the likes of the Mail and Scum blame it on "political correctness", a PC-concept that they and they only created.

Back to the main article, although the whole of Kelly's excretion is appalling:

Last night the Ministry of Justice confirmed that unlike with freed UK prisoners, the police currently have no powers to exclude him from approaching schools and playgrounds.

A spokeswoman said: “Normally when sex offenders are released, they are on licence and can have conditions attached to this, such as to live in a certain address or be banned from certain areas.

“In a situation where a sex offender returns from a foreign country, this does not exist.”

In extreme cases cops can apply for a Sexual Offences Prevention Order that gives them the power to rein in offenders. But Scotland Yard declined to say if they had applied for the order for Horne.


Yes, but as the rather more measured Grauniad article points out, he has had to sign the sex offenders' register, meaning he has to abide by the conditions of that, which in itself carries the potential for a five-year prison sentence for breaches. He'll also doubtless be put on the SOPO, but they might have to wait until the panic now subsides to do so.

Campaigners voiced disgust at how much he will cost taxpayers.

Matthew Elliot, of the Taxpayers’ Alliance, said: “At a time when schools and hospitals are strapped for cash and taxpayers are paying record levels of tax, it’s a bizarre set of priorities that sees huge amounts spent on a sexual predator.”


Oh look, Matthew Elliot's emerged out of his hole and given another quote to a grasping newspaper. Elliot and his Tory-clique couldn't care less about schools or hospitals - they just want lower taxes, in fact not just lower taxes, but a flat tax (PDF), and they want it NOW, with one of their mission statements to campaign against any tax increase whatsoever. Again, this raises the instant response that Elliot would presumably prefer that we dump him out on the street and let him get on with it, but that's the old straw man again.

The Scum article ends with:

DO you know where Horne is? Call the Sun newsdesk on 020 7782 4104.

But err, surely the Sun knows where he is? After all, it states that:

The Sun can reveal that Horne, a serial abuser of young boys, is living in a secret location in LONDON.

Who knows, maybe he's moved to Wapping?

Also of interest is a connected article written by an old friend, none other than Tim Spanton, who previously told a whole series of lies about the Human Rights Act:

PERVERTS like Raymond Horne are allowed back in Britain after years of committing disgusting offences abroad.

But it is a very different story when it comes to getting rid of foreign criminals from our shores.


Actually it isn't. According to both the BBC and the Guardian, we deported 4,200 foreign criminals last year. The Sun doesn't mention this fact anywhere in any of its articles, as it might rather undermine the point when it's focusing on the few exceptions, usually for good reasons:

Somali gangster YUSUF JAMA ran up a string of convictions for robbery and firearms offences. But a High Court judge said he could not be sent home as there was civil war in parts of Somalia.

Weeks later Jama, 19, shot dead PC Sharon Beshenivsky in a robbery in Bradford, West Yorks.


Err. what does the Sun mean by "was"? There's been a civil war raging in Somalia for nearly two decades, and the violence has stepped up over the last year. Even the Sun would likely baulk at sending criminals/illegal immigrants back to Darfur, Iraq, or even Zimbabwe. Whatever their crimes, sending someone back to a war zone is simply not an option.

Italian LEARCO CHINDAMO was the 15-year-old leader of a Triad gang when he stabbed headmaster Philip Lawrence to death outside a North London school.

Chindamo, already a suspect in another knifing, got life in 1996 with a minimum term of 12 years.

The Asylum & Immigration Tribunal ruled last year he could not be deported because it would breach his right to a “family life”.


Again the Sun is being economical with the truth. He could not be deported because of the EU immigration rulings of 2006, with his right to a "family life" only a minor consideration.

MOHAMMED KENDEH from Sierra Leone punched and indecently assaulted a mum-of-two in a South London park in 2003.

At the time Kendeh, 16, was supposedly under supervision for SIX sex assaults in the SAME park.

He also was not kicked out because of his human rights.

No disagreement with this one; I wrote at the time that the judge I believe on this occasion got it wrong. Incidentally, the judge in question is the government minister Margaret Hodge's husband.

Pakistani MOHAMMED MALIK escaped deportation because his criminal record was SO BAD.

The Crown asked that Malik, 20, should be sent home after his latest 3½-year term for robbery.

But the defence argued the sentence was similar to previous ones he had not been deported for.


Having to go by a Google cache of an original report on this one. The judge in fact:

said he was taking into account how long Malik had been in the UK and his family circumstances.

Difficult to know where to stand on this one. On the one hand this was his third serious assault, which ought to mitigate towards a deportation order; on the other he's either lived here since he was 5 or 9, and again is a product of our society, not Pakistan's, where he doesn't apparently have relatives. I think I'd sway towards deporting him if it was my decision, but it wouldn't be one I'd take lightly, and the judge didn't either. It can't be as simple as saying anyone who's foreign and commits a crime should be deported; all the factors have to be considered, but when responding to tabloids, as Gordon Brown did in his speech to the Labour party conference, all of those go out the window.

Iraqi Kurd RAMZI BORKAN was jailed for indecently assaulting a girl of 14 but a judge ruled he couldn’t be deported for safety reasons. Weeks later Borkan, 36, raped a Japanese student.

Borkan is a Kurd, but was born in Baghdad. The judge sentencing him after the rape said he couldn't see why he couldn't be deported back to Iraqi Kurdistan, because of the lack of violence there, but as we've seen recently with the Turkish incursion and the rise of violence around Mosul and Kirkuk, the situation there is no longer that stable either. Whether he has family links in Kurdistan or knows anywhere there would have came into it as well; deportations to the area are still rightly controversial, horrific rape or not.

PJETER LEKSTAKAJ fled to Britain after he shot a man during a row in his native Albania.

UK cops arrested Lekstakaj, 59, but a judge refused to extradite him because he was DEPRESSED.


Can't find a source for this one, or at least not a report which goes into far more details than given here, or one in English. The one that comes closest suggests that he was suicidal rather than depressed, and argued that he wouldn't receive the necessary psychiatric care he needs in Albania but doesn't give the actual decision.

The Sun has therefore collected six exceptional cases, all without mentioning the 4,200 deported last year.

Elsewhere the Sun is picking on those other undesirables - the dole scum:

THE Sun visited the UK’s biggest benefits blackspot yesterday to find out why four out of five people there live on State handouts — and discovered over a THOUSAND jobs up for grabs.

Throughout the article, the Sun doesn't make clear what benefits they are actually on - whether it's jobseeker's allowance, income support or incapacity benefit. The differences between the three and why someone is on one and not the other obviously don't have any consequence, or rather don't to Charles Yates and Rebekah Wade, not to mention the sub-editors.

Yet a visit to the JobCentrePlus, ten minutes walk away, revealed 1,630 jobs on offer, from non-skilled cleaners to £30,000 managers.

The centre — where 425 vacancies were posted in the last week alone — was busy.

But most people were claiming benefits, not looking at the work on offer.

Which is where it would help if we knew what benefits they were on before condemning them for not taking on the jobs available. Most people though were claiming benefits rather than looking for work, so obviously they're as happy as can be on state handouts, which despite the Sun's outrage, are often far below even the lowest paid jobs available.

I wandered down the street, knocking on doors of businesses.

At Dunelm Mill furnishings store I found a vacancy for a £16,000 manager in the fabric department.

An assistant manager thought I stood a good chance.


What exactly is the point of this exercise? Doubtless he thought you stood a good chance; you're a journalist, likely had a university education, from the photograph in your 40s and presentable, with good experience and instead you're sticking it to the very people most likely to read your very newspaper, the most vulnerable in society. Nice work if you can get it.

And the boss at neighbouring Carpetright requested my CV, as vacancies are always cropping up.

Oh, so they didn't actually have any jobs at the moment. Hey ho though, in it goes.

Last stop was the busiest shop in Falinge — Coral the bookmaker, where on a working day at least 20 men were fluttering away their cash.

Manager Andrea Moran, 32, offered me an application form for a cashier job and gave me an on-the-spot interview.

She said: “Coral is a big company and offers employment opportunities to scores of local people.

“We’re always looking for suitable staff. You’ve passed with flying colours.”

Well, no surprises there. Middle-aged journalist who looks presentable enough in able to get a job in betting shop shock! Personally I couldn't abide working somewhere where you're essentially making money out of others' misery, but oh, you do that already don't you, Mr Yates? Hardly a change of scene from the news room in Wapping to a betting shop.

I’d been in Falinge for just two hours — and landed a full-time job in a bookie’s, with no previous experience.

What experience do you exactly need to work in a betting shop when they'd provide training in the first place? Answer came there none.

Will locals start queuing behind me? Who’ll give them the benefit of the doubt?

Probably when the Sun starts being honest with everyone else.

There doesn't seem much pointing answering the Sun's ludicrous question on whether we've ever been a softer touch, considering that the prison population has never been higher and sentences themselves are getting longer in its leader, but its comment on the above article is worth responding to:

WHERE there’s a will there’s a wage.

A Sun reporter went to Britain’s biggest benefits blackspot and landed a job at Corals bookies in less than two hours.

Corals were not the only ones offering work to people prepared to get off their backsides.

More than 1,600 jobs were on offer at the Job Centre in the Rochdale suburb of Falinge, where four out of five adults live on benefits.


Again, no comment on what benefits they are on, or how many of those 1,600 jobs on offer were actually suited to any of those 1,600's qualifications, experience or skills, but who needs nuance when we're being bled dry by scroungers?

Here lies the heart of the challenge facing the Government.

There ARE jobs. But too many people prefer loafing to working.


Ask any unemployed person and they'll say they want to work. It's absolute nonsense that the vast majority are work-shy or scrounging because life on benefits is too easy. There are a distinct number who are masters in the art of not working, but as the figures released this week show, the numbers are at their lowest since the 70s.

That’s because Labour have made life on benefits too easy.

The numbers on incapacity benefit, for example, are actually falling, mainly thanks to the targeted help programmes introduced by the same Labour party that has made life on benefits easy.

If fit people refuse to take suitable jobs, should we cut their benefit?

That is the question facing Britain today.


Uh, Jobcentre Plus can already do exactly that if they decide that a person on Jobseeker's Allowance isn't genuinely looking for work or is simply refusing jobs that are suitable for them. As ever, the Sun seems determined to either be ignorant or worse, wilfully ignorant.

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Saturday, January 19, 2008 

Scum-watch: Vengeance, redemption and hypocrisy.

The Scum is in full hyper-ventilating rage about the beating administered to Susan Collins by Nicholas Hague, who the paper says was "freed early" but who had actually served the usual amount of time that someone jailed for 18 months does, due to the time he had spent on remand. The image of her in hospital is indeed sickening, and it seems that Hague is likely to serve far more time than the minimum of three and a half years that was recommended, as he was also given an indeterminate sentence.

The leader is typically brazen and sneering of "liberal values":

Liberals argue there is good in everyone. Well, good luck finding it in Nicholas Hague

...

There is no hope for such monsters, or the snivelling trio who murdered loving dad Garry Newlove only three miles away.

The Sun then condemns immature men to a permanent life sentence. Such sentiments reject and ensure that there is no chance of redemption or reform. Our urge for vengeance, because that's what it is, is strong, and is it also righteous; what is not however, is always right. If we decided there was no hope for such people, then there wouldn't be Erwin James, John Hirst or all the other countless men that have committed terrible crimes but whom have repented and then spent their lives either making amends or living peacefully. The three boys who killed Newlove have not yet reached twenty; who's to say that when they are released, in 15 to 20 years time if not longer by a rough estimate, that they won't have been completely changed by their experience? Nothing that we do to them will bring back Newlove, but why should more lives be abandoned and institutionalised through condemning them until the day they die?

I'm opposed to capital punishment on principle, but I sometimes think that you might as well put those sentenced to life imprisonment when it actually means life to death: when there's no hope for redemption, or any chance of freedom for them, why should they bother to seek it and why should we then in turn provide the funds that keep them fed and alive? It's a pointless exercise all round, and the reason why Ian Brady should have been allowed to die long ago and why Myra Hindley should have been released before she died in prison.

Of course, when someone actually does show signs of forgiveness and reform, the Sun declines to believe it, as the recent case of Learco Chindamo showed, with its attempt to smear him on the basis of the words of another ex-con. It's also selective of those cases of which to chose. Here's another picture of someone who was beaten, except this time to death:


However, when some of those charged in connection with his death were found not guilty, the Sun said that "common sense had prevailed," and also that the "every aspect of investigating so-called crimes had to be re-examined." Baha Mousa wasn't beaten to death by yobs but by British soldiers who had been torturing him, the same heroes that the Sun never has a bad word to say against. How hollow the last two sentences of the Sun's leader are once you're aware of such callousness:

It is important, though, that Britain does not become blasé about the inhuman violence meted out to Susan or Garry.

A society immune to such savagery will not be worth living in.


The Sun is though at the forefront of making sure that savagery and inhuman violence committed by British forces overseas
is treated in such a blasé manner.

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Wednesday, October 31, 2007 

Rulings galore, two right, one wrong.

The government has rightly lost its appeal against the decision that Learco Chindamo should not be deported to Italy upon the end of his sentence. In the ruling the judge makes clear that the Human Rights Act - widely blamed for the original decision - was only a minor consideration, and that his decision is based almost wholly on the 2006 EU immigration regulations. They state that someone can only be deported back to their country of origin if they pose a "genuine, present and sufficiently serious threat" to society. Additionally, the regulations place a restriction on the time spent in one country after which they cannot be deported back to another, the limit being 10 years. Chindamo came here when he was 5 or 6, and he's now 26, well over the limit.

In reality, the government never had a chance of overturning the original ruling, and its attempt to do so was only window-dressing. You could argue that in doing so it raised the possibility the Chindamo would still be deported back to Italy, bringing even further misery upon Frances Lawrence when that hope was subsequently extinguished. This was a difficult case, and Mrs Lawrence has been treated shabbily, especially in the way she received the original news and wrongly had the impression the Chindamo would be deported, no questions asked. Chindamo's apparent recognition of his guilt and rehabilitation, as affirmed by both his prison governor and another prison worker, itself an incredibly rare occurence, ought to have swayed the decision in any case. He appears to be a rare success story of how prison can work - to deport him to somewhere where he cannot speak the language would have been to punish him twice.

More troubling, via John Hirst, is this apparent ruling reported in the Telegraph:

A serial sex offender from Sierra Leone has been allowed to stay in Britain after a judge ruled that deporting him would breach his human rights.

The decision will be an embarrassment for Gordon Brown, who recently pledged to double the number of foreign criminals sent back to their native countries.

Mohammed Kendeh, 20, who has admitted indecently assaulting 11 women, was assessed by the Home Office as being at "high risk" of re-offending.

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But their attempt to deport him was overruled by an immigration judge last year.

The Home Office appealed the decision, but Mr Justice Hodge, president of the Asylum and Immigration Tribunal, has upheld Kendeh's right to stay in Britain.

Mr Justice Hodge, who is the husband of the minister Margaret Hodge, said that Article 8 of the Human Rights Act, which enshrines the "right to a family life", meant that the sex attacker could not be deported.


In this case the HRA does seem to have been the main factor. Despite what the Telegraph says, the only real comparison with the Chindamo case is that Kendeh was brought here at a young age and that he has very little (if any) in the way of family in the country he was to be deported to. Kendeh originates from Sierra Leone, not a European country, so the EU rules don't apply to him. The article doesn't note just what sort of family Kendeh actually has here that would mean a violation of Article 8 if he were to be deported, but it does seem perverse on this ground that the ECHR, designed to protect family and private life is being used to justify the continuing stay in this country of someone imprisoned for a variety of offences, including sexual assault. It's also not as if Sierra Leone is especially dangerous: poor, certainly, but he's unlikely to be the victim of torture, violence or otherwise if he's deported. It could be argued, like with Chindamo, that his criminality is the responsibility of this country considering the age he was brought here at, but to my mind in this case that shouldn't be a barrier to his deportation. This is the sort of ruling that undermines the good that the HRA has both done and continues to do, and opens it to the attacks upon it that are often lacking in accuracy.

The other major ruling was on control orders. While the law lords didn't find the 16-hour curfew regime in its entirety to be incompatible with Article 5 of the HRA, it did rightly overturn one of the biggest abuses within it, that neither those under the orders nor their lawyers could even know what the vast majority of evidence against them was. This was the Kafkaesque centre of the scheme, which left some of those previously held without charge in Belmarsh not knowing why they've been detained and now under curfew for years.

Liberty, one of the parties to the case, has said that it won't spark celebrations, but the latter ruling ought to be enough to puncture the last remaining justification for the scheme. The refusal to make wiretap evidence admissible, some of which makes up the cases against those held under the orders will now look laughable when the defence and the accused themselves will have access to the evidence against them. Those against control orders have always argued that they neither provide adequate security, as those who had absconded while on them have shown, while also being substantially illiberal, leaving those on them in unending limbo, unable either to prove their innocence or to have the evidence against them heard in open court, as the allegations are instead heard by a gathered "security" panel.

The refusal to prosecute the men under control orders has always been curious: is it because the evidence against them is so thin that the government will be embarrassed "ricin plot" style when the accused are acquitted, or is it because our security services are overly paranoid that their methods will be subsequently exposed? In either case, they are most certainly not strong enough arguments for the liberty to deprived from those accused, especially for the length of time it already has been. While it's unlikely that the government is suddenly going to see the light, the rug has now been pulled from under them, and the complete repeal of the control orders legislation in favour of prosecution or release is now ever more vital.

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Thursday, August 23, 2007 

Scum-watch: First things first, smear the enemy.

Generally, when you think that you're on the moral high ground, you don't resort to cheap dirty tricks to further prove your point. When you're the Sun newspaper however, or indeed, any part of the Murdoch empire, the first not the last resort is to smear, slander and lie about today's common enemy.

Before the news came through of the shooting of Rhys Jones, the Sun's front page had a banner headline reading "KILLER'S VILE BOASTS". Even after the story has been confined to the inside pages, it still contains the same highly questionable content that's all too familiar of a hatchet job.

THE thug who murdered headmaster Philip Lawrence JOKED about the brutal stabbing, a man who served prison time with him revealed last night.

Learco Chindamo BOASTED of his wicked crime and swaggered around jail with a gang of fellow killers, handing out beatings to other cons.

Ex-thief Mark Brunger said: “He didn’t give a toss about killing Philip Lawrence, he used to laugh about it with everybody.”

Mark, 28, hit out after a tribunal blocked Chindamo’s deportation on his release — despite Home Office warnings that he is still a threat.

Oh, so this happened in prison did it? Err, no:

Mark, who met Chindamo at Swinfen Hall Young Offenders Institution in Lichfield, Staffs, said: “To say he is reformed is a joke.

“He is a violent, dangerous man. He would kill again.”


Just for a second, let's accept Brunger's account of events at face value. Swinfen Hall caters for young adult prisoners between the ages of 18 and 25. Seeing as Brunger is now 28 and Chindamo is 26, Chindamo's swaggering, boasts and beatings must have occurred between either 3 and 8 years ago. The Sun naturally doesn't mention when this actually took place - and the leader only refers to it occurring in the recent past. Without wishing to turn into an internet detective, a quick MurdochSpace (someone with a Facebook/Bebo account could do searches there if they so wished) search for Mark Brunger turns up just one entry in the UK, a 28-year-old currently living in Bristol. In his about me section:

UNDERSTAND OR WISH TO UNDERSTAND ITS PEOPLE!!!!!!!!!!! IM FED UP OF BEING TOLD WHAT I CAN AND CANT DO BY A GOVERMENT WHO JUST WANT TO EARN MONEY OF MY BACK AND WOULD PIMP ME OUT TO THE HIGHEST BIDDER IF IT COULD GET AWAY WITH IT!?!?!?!?!?! BUT WATCH THIS SPACE CAUSE THEY ARE MORE THAN LIKELY TRYING TO WORK OUT A WAY TO DO IT AS WE SPEAK. STAND UP FOR OUR RIGHTS!!!!!!!!!!!!!!!! CACHU WIWAR............07794771713

Someone with more guts than me might want to ring that number and ask him whether he's one and the same as the Sun's source. He also has what seem to be a couple of Friends Reunited accounts, both of which list the same school as the MySpace page, one of which suggests he's just started a university degree in counselling.

Even if we decide that Brunger is telling the truth, we have the word of a fellow ex-prisoner, one who could be talking about an event up to 8 years ago, to put against the testimony not just of a deputy governor of Ford open prison, but also that of an unnamed female officer at the jail that had helped to prepare Chindamo for day release. According to today's Independent, the Home Office attempted to suppress their evidence which contradicted its own, only allowing them to submit it once the governor of Ford had himself intervened, and even then they weren't allowed to give their account of Chindamo's rehabilitation in person, where their arguments could have been cross-examined in detail. To quote from their panel's judgment:

"Of particular significance was what was said by Mr Hughes, the deputy governor of Ford Prison, in his letter to the appellant's solicitors of 8 March 2007. He had been in the Prison Service for 30 years and had dealt with numerous offences. There were only a small minority who had demonstrated a change for the better and gone on to lead lawful and purposeful lives and he strongly believed that the appellant was a changed person who had realised the gravity of his index offence and if given a chance would prove himself worthy of trust. All the reports on him had been very positive and the parole board had been very impressed."

It's little wonder then that the Sun has set out to do everything in its power to try and prove that Chindamo is still a brutal, evil thug, especially when his ruling means it can further attack both the EU and the "hated" human rights act. Taking its cue directly from Mark Brunger's helpful intervention:

Forever evil

LEARCO Chindamo should not be deported. But only because he should not be released.

The idea that the savage, cold-blooded killer of headmaster Philip Lawrence is a reformed character is a joke.


A joke to a newspaper that doesn't believe in forgiveness, it's true. Not however to prison staff themselves, who are not very often bleeding heart liberals.

We now learn that this “model prisoner” swaggered around in jail boasting of his appalling crime while leading a ruthless gang of other young killers who ruled E-wing through violence.

This was in the recent past. And the Home Office still considers him “a genuine and present risk” to us.


Quite true, but the Asylum and Immigration Panel rejected that conclusion, and the Home Office's argument was purely on the basis that the press coverage of his release might make him difficult to settle in a particular part of the country. The Scum has been more than happy to make that observation a self-fulfilling prophecy, as its readers' comments continue to show:

Let´s hope someone is waiting for him when he gets out.

Posted_by: mrcrocker


His face should be shown in British Papers and TV News every day from now on. Like this, when he gets out, everybody will recognize him in the street and turn his life into hell!! He will then be the one eager to leave the country!!! Posted_by: joh123

Chindamo told other inmates he expected to serve at least 18 years. When he comes up for parole next year, the board must ensure that prediction comes true.

Instead of swallowing any claptrap about him being a changed man.


Considering the reverse midas touch that the Sun has recently had when it's previously intervened in judicial decisions, it perhaps ought to have known better than to order the parole board around. No such luck. One can only hope its bad luck continues.

P.S.
For those fascinated by the Sun's front page splash on "OUR KEELEY PUTS BOOT INTO PUTIN!" (geddit?!) it's another example of the Sun putting its own thoughts into the mouths of its page 3 girls, something that Rebekah Wade instituted when she became editor. Gorgeous pouting Keeley, who previously bawled when an explicit sex tape of hers was leaked onto the internet, despite getting her tits out for numerous publications (probably something to do with not getting paid for it), says:

“They have a ruddy cheek spying on us from these monster planes. It’s just a pathetic signal that they are investing in their armed forces again. So what, our RAF heroes will see them off every time.”

For those not so interested in Russia's attempt to regain its superpower status and create a multipolar rather than a unipolar world once again, the Sun asks its readers whether Keeley's sacks of fat are better than Russian Kristina's, apparently the top page three girl of Russian daily "Tvoi Den". Yes, it's official, the disease is spreading.

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Wednesday, August 22, 2007 

Rehabilitation can never win against the demands for a pound of flesh.

Just how wrong were the original reports about the reasons for why Learco Chindamo couldn't be deported then? Despite nearly every news organisation blaming the decision almost instantly on the Human Rights Act, from the BBC to the Guardian, from the Mail to the Sun, the actual decision was taken not under Article 8 of the HRA, as we were told, but rather on the 2004 EU directive on citizenship, which gives those who have spent over 10 years in one nation state protection from summary deportation to another. It was only if this directive had not applied in Chindamo's case that Article 8 could then then have come into play; as such, it was a secondary factor in the Asylum and Immigration Tribunal's ruling that he should stay in Britain.

Not that this has stopped even the Times from splashing on the "threat" posed by Chindamo. This supposed threat, taken from the Home Office's submission to the panel on why Chindamo should be deported, was so far from being conclusive, as well as downright disengenuous, that the panel rightly dismissed it. The relevant part of the letter is reproduced by Unity, and ought to be compared to the coverage in the Times, Sun and Mail:

In the revised reasons for deportation letter it is noted that it is unlikely that the appellant will reoffend, and that he accepts his responsibility for his offences and has undertaken courses for anger management. It notes however that his current behaviour and actions and day-to-day life are very closely monitored. There is reference there to one escorted visit, though we accept that the evidence is in fact that he has been on two escorted visits and three unescorted visits. The point is also made in the refusal letter that the court has deemed that the appellant’s crime is of such severity that he will always continue to be a threat to the community such that his release on licence would be on the basis that he might be recalled to prison at any moment for any breach of his conditions. The point is made that he has been assessed and that he is subject to the highest level of multi-agency public protection arrangements (Mappa) (Level 3). In this regard though we must bear in mind the point to which we were referred by Mr Scannell that that assessment was not made on account of the appellant being a threat to the public but because of the likelihood of media scrutiny and/or public interest. The letter does note that risk factors might increase because of media and public scrutiny that the appellant might receive. It also comments that the OAsys report notes that there are occasions where the appellant has overacted to situations and there are severe concerns with finding him appropriate accommodation on release if allowed to remain in the United Kingdom. He would need to be excluded from certain parts of the country, community integration would be a problem on release and he might suffer a backlash. The letter states that the appellant’s notoriety might make him feel excluded from society as he had been before and there was a significant risk that his previous disregard for authority and the law might resurface and result in him coming to adverse attention. As a consequence it was considered that he posed a continuing risk to the public and that his offences were so serious that he represents a genuine and present and sufficiently serious threat to the public in principle such as to justify his deportation.

In other words, the only justification that the Home Office could come up with for his deportation was that because of the adverse press coverage likely around his time of release, it'd be better for him if he was removed from the country entirely. Never mind that he was no longer considered a threat, that he had completed anger management courses, as well as 3 GCSEs and a NVQ, despite not being able to write his address when he entered prison, and that he had shown genuine remorse for his crime, all of that was secondary to the government's concern that it was likely to get it in the neck whether he was deported or not. Their last laughable argument was that he had overreacted on a couple of occasions to certain situations. I think all of us might overreact if we too had been kept in the constant uncertainty and insecurity of prison for twelve years.

What the Times additionally doesn't mention, for reasons to be explained shortly, was that the governor of Ford open prison had made a submission for the tribunal to be held behind closed doors because of the previous reaction of the press to Chindamo being allowed out on day release to visit his family. To quote the relevant paragraph from the ruling (DOC):

In particular he referred to the memo from Ms Radford, the Governor of HM Prison Ford, dated 25 April 2006, to be found at pages 63 and 64 of Mr Scannell’s bundle. Among others things she referred to the fact that on day release in February 2006 the appellant had been pursued by members of the press and an article appeared in the Sun newspaper three days later. There were further follow-up articles in the Sun, the Daily Express and the Brighton Argus. Ms Radford expressed her deep concern that they were ‘managing offenders by media’ and spending more time playing down risk than explaining their offender management strategies and how those more effectively protected the public than hysterical misinformed articles in the gutter press.

And we really are talking about the gutter press here. The Scum splashed Chindamo's release on the front page, calling it an "outrage":

THE killer of headmaster Philip Lawrence has been let out of jail early — despite an emotional warning it would “destroy” his victim’s family twice.

Former teenage gangster Learco Chindamo, now 25, was allowed an unsupervised day outing from Ford Open Prison in West Sussex.


Yep, that's right, Chindamo, like all over prisoners coming towards the end of a long prison sentence, had been allowed out for a whole day on his own as part of the general program towards preparing him for his eventual release. The article also willfully misquotes Mrs Lawrence: she had made the warning after Chindamo had appealed against the length of his sentence, an appeal that was denied. It was nothing to do with his day release. The Sun additionally published what its readers' felt should have been done with Chindamo to start with:

He should have got a suspended sentence - suspended from the end of a rope.

Sachilles


The next day Mrs Lawrence was herself in print, condemning what she thought was "a jolly day out" and thanking the Sun for bringing it to her attention. Most likely as a result of the Scum's coverage, Chindamo was as a result moved back to a closed jail, despite what the governor of Ford open prison described as his measured reaction to being followed by members of the press. The Sun subsequently referred to Chindamo as "evil" in its leader condemning the situation, saying he should be behind bars for life. The newspaper ought to have taken that up with the judge who gave the twelve year sentence, and not with the person who had been trying his hardest to rehabilitate himself, only to be vilified again in the tabloids because of a decision made by the prison service.

Mrs Lawrence herself has also now been making nonsense statements that seem to owe more to the Sun's line in rhetoric than the more dignified, understanding approach she had favoured on the previous day.

“It takes away our human rights and gives it to them — and that is wrong.”

“In a way I am glad this ruling has brought the whole human rights debate to the fore. Something has to be done to balance things. At the moment the criminal is the only one getting the rights. I felt I had to come forward and speak up for my husband.”

It only looks as if the criminal is getting the rights because the press never report on the other cases and the government is too spineless to defend the act. As I wrote yesterday, the families of murder victims have used it to obtain inquiries into their deaths, while Katie Ghose outlines 3 cases in which the right to a family life has been used to defend individuals wrongly taken away or banned from seeing their relatives. These are the ordinary people being protected, but their stories are boring compared to the latest instance of human rights madness. The Sun also completely misunderstands the act in its entirety, claiming that judges give more weight to Article 8 than to the right to life, which is not just patently absurd, but also completely untrue. It also refers to bits of it being politically correct; would that a reference to the right to freedom of expression, which the Sun so obviously loathes when it gets pulled up on its lies?

As Justin argues, Chindamo ought to be a model for how prison can work. Coming in illiterate, his success in gaining qualifications, counselling other inmates, accepting his guilt and showing remorse mark him out as one of the success stories of how prisoners can be rehabilitated, given the right circumstances, facilities and the necessary resources. Instead, all of that has now been dismissed out of hand, rejected without a thought by the press and reactionaries who want a pound of flesh rather than the evidence that "bad people" can indeed change. The Sun says that his lawyer and Jack Straw should hang their heads in shame; how bitterly hypocritical of a newspaper that today prints the following:


NEVER mind deportation — what’s he doing being let out of prison if he killed a headmaster in cold blood? I hope this evil killer is hounded by the press and vigilante mobs until he dies.
Germuluv

The government it seems would like that: maybe then it'll convince the appeal panel Chindamo really does have to be deported, disgracefully for his own safety.

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Tuesday, August 21, 2007 

The rights and wrongs of deportation.


In trying to respond to the at times irrational prejudices and misconceptions adopted by the tabloid press, the biggest obstacles to arguing the point of the other side is just how powerful emotion and anger can be in defending if not the indefensible, then certainly the highly questionable.

So it is in trying to work out a coherent riposte to the points made both by Frances Lawrence, widow of the murdered headteacher Philip Lawrence, and to the arguments additionally made by the newspapers backing her up, regarding the decision by the Asylum and Immigration tribunal not to deport Learco Chindamo back to his country of origin, Italy. Unlike some of those who have lambasted the Human Rights Act in the past, often erroneously, Mrs Lawrence makes highly articulate points regarding the on the face of it deeply hurtful decision that it breaches his right to a family life protected under Article 8 for the deportation to go ahead. Still clearly grieving and traumatised by how the life of her husband was snatched away in such a pointless and meaningless fashion, it's difficult not to be moved by the position she finds herself in, almost 12 years' after his death. Having presumed that his removal from this country would be automatic or at the very least go through without such a struggle, all the hurt she most likely thought was over has been brought to the surface again. Her argument, that she has always supported the Human Rights Act, but that she feels that there has to be some kind of responsibility attached to it which takes into account how those who appeal under its usage have themselves acted, is one that's likely to strike a chord with many that believe that the the criminal justice system has bent over backwards for too long to protect the rights of the criminal rather than those of the victim.

All of which makes it all the more difficult to respectfully disagree with Mrs Lawrence without drifting into condescension or ridiculing her arguments. She quite clearly doesn't deserve to have all this brought up again. Firstly, the facts have to be set out as we know them. Chindamo was brought here at either the age of 5 or 6, as reports differ. Born to a Filipino mother and fathered by a Italian man linked to the mafia, he has had no contact with his dad since 1986, when his mother moved here to get away from her violent husband. He speaks no Italian, and most likely has few solid memories of life before he was brought to Britain. The only things that still link him to Italy are his passport and his parentage. He was sentenced to a minimum of 12 years in prison for the murder of Philip Lawrence, who died after being stabbed outside his school when he stepped in to stop a younger, 13-year-old boy from being attacked by the gang Chindamo belonged to, subsequently linked to at least two other violent crimes, although he had no involvement in either. According to his lawyers, his time in prison has changed him irrevocably, now counselling other inmates on how they themselves have ended up in jail, trying to persuade them to change their own ways. He's completed a NVQ in health and social care and plans, if and when released, to start a career in nursing. On the face of it, if his lawyers can be believed, Chindamo has been a model prisoner.

Secondly, as alluded to by other experts, and now apparently confirmed by the Guardian, the decision that he should not be deported was not just taken under Article 8 of the Human Rights Act, but also as a result of recent EU legislation which governs the transfer of EU citizens between member states. Under such law, those sent home must be judged to pose a "genuine, present and sufficiently serious threat" to society as a whole, a definition that excludes nearly everyone except terrorist suspects. Chindamo may have posed such a threat at the time of Lawrence's murder, but the tribunal decided that he does not now. In addition to this, the fact that Chindamo was brought up here, that he has no real ties to Italy and cannot speak the language would mean that his right to a family life would be breached if he were to be deported.

This it seems to me is a difficult but correct decision. It differs from the cases of most of the other foreign prisoners because of how old he was when he was brought here; while they moved here for economic or other reasons once they had reached adulthood, Chindamo had no personal choice where he was taken to or lived. That he committed his crime after spending around ten years in this country, a far longer proportion of his life than he spent elsewhere, also makes him our responsibility rather than Italy's. To deport him now would be to punish him twice, forcing him to start his life over yet again. There's also no guarantee that Chindamo will even be released yet, as his minimum sentence doesn't end until next year, and he will then subject to a parole panel review. As he was sentenced to life, he will subject to recall to prison if he breaks the conditions of his parole or commits any other offence. The minimum length of his sentence should perhaps be as open to question as the tribunal decision is. Is twelve years of imprisonment a sufficient punishment for taking a life, even if committed while still a minor in the eyes of the law? We can equally argue that Chindamo has rightly had the best years of his life taken from him for his crime, but if released he will still be either 26 or 27, with most of his life still ahead of him.

According to the Sun, Mrs Lawrence has also now said the following:

“In Article 2 of the Human Rights Act my husband had the right to life.

“Chindamo destroyed that right yet he has used the legal process to enable him to live as described in Article 8.

"The Act works in his best interest. It is ill-equipped to work in my family or for people in my situation. That seems to me a major conundrum.”


It's worth pointing out that the act has not just worked in "his" best interest, but rather in the interests of anyone who feels that they have been the victim of an injustice. Just last week the the 7/7 survivors and associated families informed the government of their intention to seek a full independent inquiry, as provided under Article 2, as Mrs Lawrence refers to. Vera Bryant, whose daughter was murdered by a man released from prison, also successfully applied under Article 2 for an inquest into her death which the government had denied. As Unity also points out, although the Human Rights Act was not signed into law until 1998, after Mr Lawrence's death, justice was served, with his killer caught and imprisoned. His rights were properly served. Mrs Lawrence has said that although she has not forgiven Chindamo, she has never wished him ill, and Chindamo himself has apparently offered his sympathies to her, hoping that the decision would not cause her any additional grief. How much either of them actually mean such comments is open to question, but at least both sides seem able to forget if not forgive, something often lacking in similar cases.

It may well be that the government itself did little to prepare Mrs Lawrence for the possibility that Chindamo would not be deported, as it surely knew that there was more than a chance that such an appeal would be successful. She also raises the legitimate point that such laws don't take into account the views and appeals of those most affected by the subsequent rulings they lead to, ignoring the voices of the ordinary people they are meant to both protect and deal with. The question has to be how far though we allow the at times retributive and vengeful views of victims and those wronged interfere with justice rightly being blind; we've seen statements from the families of murder victims introduced into the courts before sentencing, do we also let the families get involved in the hearings of such appeal tribunals? Or do we have to rely that the judges' in those cases already take into account fully how they are going to be affected by their decisions?

None of this though is an argument for the repealing of the Human Rights Act itself, as Mrs Lawrence herself doesn't seem to be suggesting, although the newspapers taking up her cause, especially the Mail, are most certainly calling for exactly that, as is the Sun. The Tories, whose own plans for a "British" bill of rights which would almost certainly look more or less the same as the HRA have already been aired and dismissed by Ken Clarke as "xenophobic legal nonsense", have jumped on the case, with David Cameron already taking the rhetoric of the Sun straight on board, claiming that there is now "anarchy" in some parts of the UK, and that this is "a shining example of what is going wrong in our country". Some might argue that it's a shining example of our belief in tolerance and justice for all, in that disproportionate punishment has no more place in our society than murder itself does. David Davis, who ought to know better, also said that it was a "demonstration of clumsy incompetence" that Chindamo couldn't be sent back to his "own country". Can Italy really be called his home country when he has spent the vast majority of his life here, regardless of his crime?

However painful it is for Mrs Lawrence, for Chindamo to be treated differently simply because of the fact he has an Italian passport and committed a well publicised, heinous crime would be an injustice in itself. At times, such decisions do seem outrageous, beyond comprehension and downright wrong, ignoring the voices of those they hurt the most, but they are never taken without all the options being considered, insult to common sense as they are denounced or not. It might seem condescending to say so, but hopefully she will come to terms with the decision and respect it in the time to come, however illegitimate she thinks it is. As for the tabloids, their minds were already made up about the act, and trying to defend it time and again after all their lies, smears and distortions becomes an ever more dispiriting and difficult task. That they should take advantage once again only shows how low and dishonourable their motives are.

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