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Killer of headteacher still poses 'a genuine and present risk'
Last updated at 17:52pm on 21.08.07The killer of headteacher Philip Lawrence poses a "genuine and present risk" to the public according to official papers handed to the courts by the Home Office, it was revealed tonight.
Learco Chindamo has been rated as the highest level of risk because of his notoriety, and would also need to be excluded from certain parts of the country, the documents revealed.
The details emerged in the written judgment from an immigration tribunal which yesterday ruled Chindamo, who was 15 at the time of the appalling crime, should be allowed to stay in Britain at the end of his prison sentence.
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The headmaster's widow: Frances Lawrence and right, the Mafia hitman's son Learco Chindamo
The Lawrence children with their father before he was brutally murdered outside his school
Home Office officials submitted a letter to the tribunal which showed Chindamo had "overacted" to situations on several occasions, and predicted it would be extremely difficult to find him somewhere to live on release.
"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 as to justify his deportation," the judgment said of the Home Office's case.
It added that while it was unlikely that Chindamo would reoffend, he had been ranked as a high risk under the multi-agency public protection arrangements.
However, this high-risk ranking was largely due to the media interest he would receive on release and the risk of a "backlash", it added.
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Frances Lawrence said she was 'devastated and demoralised'
Chindamo's defence team said there was no evidence their client, now aged 26, was a serious and present threat, noting that reports on him had been "very positive" and the Parole Board had been "very impressed".
The document's details will throw a new light on the case, which Conservative leader David Cameron said today should lead to the abolition of the Human Rights Act.
Mr Cameron said the Act should be replaced with a British Bill of Rights, which would clearly set out rights and responsibilities.
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Teacher Philip Lawrence died defending a pupil
He said: "The problem for this Government is that the Human Rights Act is their legislation and they appear to be blind to its failings.
"It is a glaring example of what is going wrong in our country. What about the rights of Mrs Lawrence?
"We ought to abolish the Human Rights Act and replace it with a British Bill of Rights that we can write ourselves that sets out clearly our rights and responsibilities."
Mr Lawrence was stabbed to death in an attack outside St George's Roman Catholic School in Maida Vale, west London, in December 1995, while trying to protect a 13-year-old pupil.
A gang of 12 youths led by Chindamo went to attack the pupil, who had quarrelled with a boy of Filipino origin.
Chindamo, whose mother is Filipino and father Italian, punched and stabbed father of four Mr Lawrence, who died the same evening.
Mr Lawrence's widow said she had always been given the impression that the killer would be deported at the end of his sentence.
Speaking to the BBC Radio 4 Today programme, Frances Lawrence said: "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."
Justice Secretary Jack Straw has offered to meet Mrs Lawrence to discuss the case.
Asked about Mrs Lawrence's comments that she was under the impression that Chindamo would be deported, Mr Straw told the BBC: "She is entirely right to say that was her expectation - it was mine too."
"What I have been able to glean is that it is very probable that most of this issue arises not from the Human Rights Act but from European Union law," he added.
"We are very vigorously appealing this. This was not our expectation that this man would be open to live in this country upon his release."
Reader views (38)
This country has truly lost the plot. Chindamo should have just been left to rot in jail for the rest of his life. He doesn't deserve the slightest compassion whatsoever.
- Shirley, London
I was the victim of an attempted rape by a Sierra Leonine national who also was not deported on the grounds that as he came over to the UK aged 7 "he does not have an affiliation with any other county". The Asylum and Immigration judge ruled that he must be allowed to remain in the UK under Article 8 of the ECHR.
However article 8 has exceptions "except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. "
So why are these flawed judgements allowed. Protecting the public is the first duty of any government. I look to this Government to take action on this issue immediately.
My heartfelt understanding and sympathy to Mrs Lawrence and her family who must be going through turmoil over this.
- Gabrielle Browne, London, England
The Parole Board should ensure that this murderer rots in jail for another 10-20 yrs at least - by that time we will be rid of the Human Rights Act. I, for one, will only vote for the party that promises to repeal it.
- Ec, London
I cannot understand why are murderers not kept in prison for life. Life should mean life.
- Nicolas, London
The Human Rights Act is merely a distraction and the bigger issue is the fact that thugs are being let out of prison having served sentences that are clearly no deterrent. Any unprovoked murder deserves a long time behind bars which is where Chindamo should rightly be.
- Freddie, London, UK
3 comments:
1. What about Mr Lawrence's human rights?
2. We have no "Right" to be here on earth, we are privileged to be here, criminals should remember that before they play God with other's lives.
3. When you commit a crime such as this, you forfeit the right to be considered human!
- Francesca Quine, London, UK
1. He was sentenced to life and will be out in 12 years!
2. He killed someone who was trying to protect another student. What about the human rights of the student who was saved, the rights of the man he murdered and the rights of the widow and his children?
3. Of course he is entitled to a family life. His family is free to go and live with him in Italy.
4. His lawyer said that it is right he should be allowed to stay, because social services will look after him... That is the crux of the matter. Mrs. Lawrence has to pay taxes so that her husband's killer can get benefits.
Enough is enough! This country is being lumbered with criminals from all over the world.
- Beatriz, London
This verdict is disgusting, will this country ever learn. We care more about the human rights of a killer than an innocent family. If the people in this country were asked to vote on whether they wanted a murdurer living on their doorstep, he'd have been sent home a long time ago. What about our human right to live in safety.
- Wendy, Birmingham, Birmignham, England
While my heart goes out to Mrs Lawrence and her children. It is a case of the Liberal who always defends these Immigrant Killers
And I’m afraid for that her husband paid the price with his life.
- George Deighton, London
Susan - so are you suggesting exile? If the killer had been British born would you say he should be forced to leave the country? As it is a British born person would have the right to stay here - this guy was born in Italy and came here when he was 6 - that is my point. If he was British he could stay so what difference does it make where he was born? Being in the EU, he has got the right to be here anyway - the send him to Italy argument just doesn't make any sense and I don't see how it would benefit the victims family if he was sent back.
- Jk, London, UK
JK, we’ll just have to agree to disagree. You’ll see that most of the other comments posted disagree with you too. As NJ Sykes said, I will never understand how the human rights of the criminal are respected more than those of the victim’s family. A life sentence should mean life anyway. The victim’s family have lost a loved one and their life will always have that sadness and loss hanging over it. I think the issue here is about them – full stop.
- Susan, London
Why don't we just punish the halfwits who hand down such ludicrous verdicts. I bet they'd change their views of it happened to one of them.
- Lezlt, London UK
This is yet another reason to get rid of the human rights act, the only people benefitting from it are the criminals.
- Kuldip, London, UK
We cannot deport people to the EU or anywhere else in the world. We are weak governed country ruled by European laws.
- Grim Reaper, London
I've lived in Italy for more than thirty years and just don't understand why this murderer's human rights would be threatened if he was sent back to Italy, perhaps it's because here he'd have to work for a living.
- Linda Tricker, Rimini, Italy
I think that the issue here should be of the introduction of a new bill of human rights, that has been properly thought out and maybe not written out in crayon by a bunch of pre-schoolers, cough, sorry, Labour MPs. The facts of this case and it's outcome are by no means unique. I do not, and will never, understand a justice system that allows the rights and feelings of a criminal to outweigh those of the victims and their families.
My thoughts go out to Mrs Lawrence and her family. Maybe the media attention of this case will allow justice to be served to others in the future.
- N J Sykes, Birmingham, England
Human rights? What about the safety and rights of the British public? He is an immigrant, and regardless of the age he arrived in the UK, he should be sent back to Italy. We should not bend or change the rules for anyone, if you commit serious crimes in the UK and you are an immigrant, you should be deported and banned from re-entry, full stop!
- Brandon Thomas, London UK
The ideal solution would be for him to practice nursing in the prision hospital for the next 30 years - as an inmate!
- Michael, London, EC4
Susan - not soft, but using a brain.
Revenge, vindictiveness, call it what you like will not solve these problems.
This is a problem of Britains making and it is down to us to sort it out - why force the problem onto Italy which was just unfortunate enough to be the man's country of birth? Get some sense of perspective. By your logic, anyone here who holds an Irish passport because of an Irish grandmother or whatever would be deported after a similar crime to Ireland right? This just seems bizarre and pointless, and not a little ridiculous. The prisoner served his time, so why punish him more - the prison sentence was the punishment and he is now supposedly reformed.
- Jk, London, UK
Him staying has nothing to do with the Human Rights Act. He is staying because his home is here and not Italy. Under European Law, as long as he is not thought to be a threat to anyone he can not be deported to another European country, since we have the right to live any where in the EU.
For those who want him out, would they be saying the same if he was British. Would they vote to bring back exile?
- Thomas, London
This man has no human rights after his appalling conduct. He gave up such claim to those rights when he murdered in cold blood another human being. How can he claim such rights, there is something wrong with the law or this country if such behaviour is so rewarded.
- Ian Makin, Twickenham
He wants to be a nurse does he? Care for other does he? Well how about this, of his own free will and showing that he is a reformed person and really doesn't want to cause Mrs. Lawrence and her family any more pain, suffering and cruelty, he learns to be a nurse and care for others, in Italy.
- S-M Hearmon, London, UK
Come the day of the vigilante. Boy are we going to take things into our own hands. Human Rights = vote Labour out. Let decent citizens have rights not this moron. He should rot.
- T Simpson, London, UK
I can't believe the opinions of Pete and JK from London. The widow is "subjective" in her views, yes. She has lost her husband and her life will never be the same again. "Why destroy another life?" you say. Come on, he MURDERED someone. That's part of the problem in this country, soft people.
- Susan, London
This young man is a product of many things including a gangster father. We have not yet provided the elderly in private homes their human rights so how come prisoners are a priority? The HR law should not be repealed but corrected to provide human rights to the innocent - what a just human right law that would be!
The basis upon which this decision was made is somewhat suspect. Adults do not have a right to family. If this were true every 21-year-old migrant in the UK could claim that it were against their human rights to prevent them from bringing their mother, father and sibblings to the UK.
There is currently a lack of logic to these laws.
- Natalia Grant, London, UK
He shouldn't be sent back - he came across as a 6-year-old boy and the reality of life in the poor estates in the UK transformed him into a killer. Putting aside the emotive issue of human rights - this is our mess and we need to clean it up.
Very simplistically it would be like giving a friend a new bike. He mis-treats it, leaves it outside to rust and hands back a pile of junk 15 years later that you have to dispose of. Let's face it - it's not Italy's fault that we managed to create another knife carrying moron out of a 6-year-old boy - so why should the people of Italy suffer for the problems on British streets?
- James, London
Labour introduced the Human Rights Act, which unfortunately is now nothing more than a charter for murderers and terrorists. Until they repeal it, there will be more decisions like this. Gordon Brown must take responsibility for this and the similar decisions that prevent terrorists and other murderers being deported.
- Cameron, London
This is ridiculously unfair. As often happens in this country, those good citizens who abide by the law of the land and do no wrong lose out. This poor family has lost everything, through no fault of their own, yet the law sides with the criminal and takes HIS feelings into consideration. Why? I think it's disgraceful. Another example of this weak government. Send him back to Italy. And preferably to jail there.
- Susan, London
Mrs Lawrence's protests about Chindamo are understandble, but her grief should not drive what the rest of us do about him, though I think he should have done more time. The government, however, is utterly hypocritical in demanding Chindamo's deportation. It did nothing to prevent the circumstances which allowed a six-year-old immigrant Italian boy to grow up in Britain as a drop-out violent gang member, and did nothing to stop EU regulations on deportations becoming law. Britain is responsible for this young man now, not Italy. He is said to be a reformed character. Let him stay and try to do some good here. Why destroy another life?
- Pete, London
He should be sent to Italy and if his family want to stay with him then they should go as well.
When he injures or kills again will the solicitor send compassionate thoughts to his victims again?
- Mary, Harlow, Essex
Non-deportation to other EU countries for those that have been here for 10 years? Sounds like a recipe for inviting every murderer, rapist and thug from all over Europe to live it up in the UK. European laws are weak and anti-British, we should no longer subscribe to them.
- Coma Hind Oracle, London, UK
Whilst Mr. Lawrence's widow has every right to feel aggrieved at her loss, she is also a very subjective witness in this case, who's viewpoint is clouded with the emotion of her viewpoint. Chindamo is, to all effect, British. He was raised here, his family are here, in as much as he was educated, he was educated here - he is very much a product of Britain, like it or not. To deport him to Italy would serve no purpose, especially as the liklihood of him interfering with the Lawrence family after his release is negligible if not zero. He is Italian by birth and one half parentage, but has never known that country - so why should he be deported there? I think that the courts got this one right, despite no doubt the anti-PC "you couldn't make it up brigade" no doubt clamouring to shout scream and stamp their feet that "it's political correctness gone mad."
- Jk, London, UK
Once again the "Human rights" of the criminal are placed above the "Human rights" of the victim and his/her relatives.
- Adam, Harrow, UK
Wouldn't be an issue if they kept him in jail until he rots.
- Dweezle, Crawley, UK
I saw this murderer's lawyer on TV last night. He said that this country had a duty to care for his client, as he had joined his gang and committed his crimes here! Unbelievable. This misuse of Human Rights is fatally eroding English law.
- Philip, London, England
How long will it before people start taking justice into their own hands given the pathetic state of our legal system aka the human rights act? This man murders a decent family man and it is his human rights that are protected. Truly pathetic!
- Fly, London
Our courts continue to prove that they are not up to the job, they should be protecting the innocent people of the country at all cost and in this case this KILLER should forego any right to his "human rights" as should any killer.
- Mike, Bedford
I am appalled to know that a killer is entitled more rights than the victim and his family. The victim's family has been deprived of their husband and father for doing what is right i.e. defending a pupil. This judgement is like rubbing salt into the wound of the victim's family.
- Agnes, Malaysia
