Probe after prisoner freed to kill

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Richard Whelan, 28, was stabbed to death after trying to stop Anthony Joseph, 23, throwing chips at his girlfriend.

He was stabbed seven times, including once through the heart, on the top of a double-decker in London in July 2005.

After the case at the Old Bailey, which resulted in Joseph pleading guilty to manslaughter on the grounds of diminished responsibility, it emerged that he should have been in custody at the time.

He had been released from a young offenders' institution hours earlier despite an arrest warrant being in force for his arrest on another matter.

A Government spokesman said an investigation was being held by ministers.

She said: "This case shows a number of failings for the criminal justice system as a whole, which is of great concern to the Government and which we are investigating.

"Maria Eagle (Ministry of Justice), Vera Baird (Solicitor General) and Tony McNulty (Home Office) have written to Chief Inspectors of the Crown Prosecution Service, Court Administration, Constabulary and Prisons to gain a full understanding of what happened in June and July 2005 and to make sure that any mistakes that may have occurred do not happen again."