MINDLESS GANG MURDER GETS A SLAP ON THE WRIST

In NSW, of course, Australia's rival to California for strange law

Four youths who bashed a teenager to death in a "mindless explosion of violence" could all be released before the end of next year. NSW Supreme Court judge Greg James shied away from possible maximum sentences of up to 25 years, instead sentencing the men to between four and six years in prison, with non-parole periods as short as two years. One of the four could be freed as early as October after they all pleaded guilty to the manslaughter of Kurt Smith, whose head was rammed into a power pole. Anger over the leniency of the sentences erupted as Attorney-General Bob Debus last night ordered a full report from the Director of Public Prosecutions.

He said: "Given the circumstances of this tragic case, I have asked the DPP to provide a full report on this matter and have sought his opinion on the prospect of a successful appeal."

The sentences came after the court heard how Mr Smith, 19, of Penrith, was attacked and robbed while on his way to a New Year's Eve party in 2002. After his head hit the pole, the four youths, aged 16 and 17, kicked him in the head as he lay helpless on the ground. Mr Smith, his friend Sean Clifford and three female friends had been crossing dimly-lit Duke's Oval in Emu Plains about 9.30pm when they were confronted by the gang of drunken and probably drugged youths, who can only be named as MD, JT, NA, and BM. Mr Smith, who was forced to hand over his mobile phone, was rammed head-first into the pole.

But Justice James said there was not enough evidence to say who was to blame.

As he lay barely breathing on the ground, Mr Smith was kicked in the head and Mr Clifford was attacked, rendering him unable to help his friend. Mr Smith died in hospital and a post-mortem examination showed he died from the result of brain damage caused by multiple blows to the head.

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PEDOPHILE REWARDED

I actually agree with the decision of the European judges in this matter. What is disgraceful is that the British authorities created the grounds for this judgment by taking so many years to carry forward the prosecution. It is the BRITISH legal system that should be taking the flak

A decision by the European Court of Human Rights to award a paedophile more than 5,000 pounds has caused anger throughout the region where he lived and worked. 59-year-old Rupert Massey, a former barrister in Dorset, was awarded four thousand euros (over 2,800 pounds) in costs and a similar amount in compensation by a court in Strasbourg, because of the length of his trial and subsequent appeal.

Builder David Meek, 41, from Poole in Dorset who was abused by Massey when he was just eight years old, waived his right to anonymity and told the Press Association that the decision “beggars belief”. He said that it was wrong for people to profit financially from crime and that it had just “added insult to injury”. Mr Meek had been befriended by Massey as he played on the beach at Branksome Chine.

Human Rights judges in Strasbourg ruled that under Article Six of the European Convention, everyone is entitled to a trial “within reasonable time”. From the date of his arrest, Massey’s trial had lasted nearly five years. He had complained that the delay in his accusers coming forward made a fair trial impossible and took the case to the ECHR.

Dr Howard Davis of Bournemouth University Law School said: “Article Six is a fundamental human right, which is essential to the working of the European Convention. The point about human rights is that it applies to everyone. Justice delayed is justice denied and that applies to everyone, regardless of what crime they have committed.” Manager of the Dorset Survivors Group in Poole, Graham Christopher said: “It’s ridiculous. Criminals are treated better than the victims in this country. Dorset seems to be a haven for paedophiles because of the coastline, and this decision is just laughing the face of justice.”

Currently the Home Office only offers an appeal in cases like these when the circumstances are “exceptional” and the ruling has angered residents in Meek’s hometown of Poole.

Hairdresser Laura Steadman, 25, of Kingston Road, Poole said: “It’s disgusting. I think that people like that shouldn’t be protected by laws. He should just be locked up for good, I can’t believe they’ve awarded him five grand.” Social worker Tony Bellows, 47, Garland Road, Longfleet said: “I can understand that everyone deserves a fair trial, but this is absurd. Americans keep people on death row for years without violating their ‘human rights’. Europe has gone crazy.” Article Six of the European Convention on Human Rights states that: "In the determination of... any criminal charge against him, everyone is entitled to a... hearing within a reasonable time."

Massey, now of Richmond, Surrey, was jailed for six years in December 1999 after being convicted of 16 counts of assaults on young boys in the 1970s and 1980s.

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