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Escapes: 13 convicted murderers have absconded from Sudbury open jail in the past two months

A Chief constable was accused of 'madness' last night after refusing to release pictures of two escaped murderers amid fears it might breach their human rights.

Derbyshire's top policeman David Coleman claimed the killers posed 'no risk' to locals, while the force said it had to consider the Human Rights Act and data protection laws when asked to publish 'wanted' photographs of the two men.

See also...

• Lord Chancellor brands human rights claim over killers' photographs as nonsense

Mr Coleman's attitude towards murderers Jason Croft and Michael Nixon contrasts sharply with his ruthless crackdown on speeding drivers in recent years - including a 62-year-old who was jailed after being caught doing 38mph in a 30mph zone.

The father of a teenager bludgeoned to death by Nixon angrily suggested Mr Coleman and his force needed to 'sort their priorities out' and revealed the police had not bothered to contact him to say his son's killer was on the run.

Jimmy Leckey, whose 19-year-old son Paul was murdered in 1995, said: 'This is madness, totally ridiculous. The police should be out there catching dangerous criminals rather than chasing motorists.

'And to suggest they had to consider Nixon's human rights is unbelievable. He is a convicted murderer. What about my human rights and my son's human rights?'

Derbyshire Constabulary had been asked by the media to provide pictures of Nixon and Croft, both 28, after it emerged they had absconded from Sudbury open prison in Derbyshire two months ago.

Both are still on the run, but the Derbyshire force said there was 'no proper policing purpose' in releasing pictures and claimed the men posed no risk to Derbyshire residents because they were thought to have left the county.

The force added that the Chief Constable had to take into account 'the Human Rights and Data Protection Acts' before releasing any photos.

Mr Coleman's decision was dismissed as 'absolute nonsense' by the Lord Chancellor, was blasted by incredulous MPs and was even ridiculed by the ultraliberal human rights group Liberty.

Mr Coleman was left humiliated when Greater Manchester Police released the photos of the two wanted men together with an appeal for information, making a mockery of Derbyshire's claims that publishing the pictures would breach guidelines set by the Association of Chief Police Officers.

Nixon and Croft were both being held at the category D Sudbury open prison to finish their life sentences, which were both imposed in 1996.

The two men, both from Manchester, were being held there to help prepare them for release, and had been allowed periods of home leave and work placements. Croft went missing on October 31 and Nixon failed to appear at a roll call on November 2.

They escaped from Sudbury days after staff had spent a £25,000 Home Office 'high performance' bonus on a champagne black-tie dinner at Derby FC's stadium. Mr Leckey added: 'My son's killer has been on the run for two months now, but I've only found out about it from the media - the police didn't tell me or my family. It's totally despicable.

'I have been ringing relatives to warn them because I'm worried he'll be back for revenge. But that should be the job of the police.'

The two fugitives are among 660 inmates who have gone missing from Sudbury in the last ten years, including 13 in the past two months.

Lord Chancellor Lord Falconer dismissed any suggestion that the Human Rights Act may prevent publication of the photos of two convicted killers as 'absolute nonsense'.

He also said he wanted 'some explanation' as to why the images of the two convicts had not been put out sooner.'When you are dealing with two convicted murderers, both of whom have absconded, it is utterly obvious that there is no public interest arising out of the Human Rights Act which prevents publication,' he said.

A spokesman for Acpo said there are no specific guidelines relating to the publication of photographs of convicted criminals who have escaped from prison.

She added: 'Escaped prisoners need to be captured and returned to prisons as soon as possible. This is particularly true in the case of dangerous escapees who have committed murder and other violent offences.'

The Information Commissioner's Office, the department responsible for access to, and the protection of, information also said that data protection rules cannot be used as a reason not to release such images.

Shami Chakrabarti, director of Liberty, said: 'Nothing in the Human Rights Act prevents publishing pictures to capture a fugitive - on the contrary, the rights of potential victims may create an obligation to do so.'

Derbyshire police had released a statement saying: 'When making a decision to release any photograph, police forces must take into account numerous factors including the public interest test, whether there is a strong local policing purpose and, of course, the Human Rights and Data Protection Acts.

'Acpo guidance states that releasing a "wanted" photograph of a named person should only happen in exceptional circumstances where officers believe that the named suspect may be a danger to the public.'

Later the force claimed its spokesman had been talking in general terms and not specifically about Nixon and Croft.

In a new statement the force said: 'This decision was based on the fact that there was no policing purpose to be served by the release of these photographs in Derbyshire, as inquiries indicated that Croft and Nixon had fled the county and posed no risk to Derbyshire residents.

'Derbyshire Constabulary would like to strongly point out that the human rights of the individuals in question had no bearing and were not the reason the pictures were not released.

'In making this decision the rights and safety of the public will always come before those of convicted offenders.'

Last year the government admitted public protection had to be given greater priority in the Human Rights Act after serial sex attacker Anthony Rice murdered a woman after using the Act to help secure his release from prison.

 

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