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Head-teacher's knife killer: Why I need to spend an extra year behind bars
Martin Bentham21.04.08
The killer of London headteacher Philip Lawrence is to stay in prison until at least the end of the year despite being eligible for release, the Evening Standard can reveal.
Learco Chindamo, 27, whose 12- year tariff for stabbing Mr Lawrence to death expired in January, has been at the centre of controversy since immigration judges ruled last year that he could not be deported to his native Italy - raising the prospect that the killer could be freed within weeks.
But Chindamo's lawyers have asked that the Parole Board hearing to determine whether he is safe to be freed is delayed until December because of the risk of being turned down for seeking his freedom too soon. This means that even if his release is approved, it is unlikely to take place until early next year, or Christmas at the earliest.
The Italian citizen was 15 when he murdered Mr Lawrence outside St George's Roman Catholic comprehensive school in Maida Vale in 1995. He was sentenced to life with the tariff attached, meaning he would serve a minimum of 12 years.
The main aim of the extended stay in prison is to give Chindamo more time to prove he is a reformed character and ensure success at his parole hearing.
The delay, during which time he could expect to be held in an open prison, would allow him to spend more time on day release, demonstrating he is fit to return to society.
Chindamo, who has discussed the strategy with his lawyers, also realises that early refusal would almost certainly push back his ultimate release date until at least 2010. This is because Parole Board guidelines state that rejected applications by life prisoners should usually only be reconsidered after two years.
News of the delay in Chindamo's release is likely to please critics opposed to his presence in Britain, but it will also raise concerns that he is seeking to use the parole system to his advantage.
If the December hearing agrees to his release, it is likely to take another two or three weeks for the killer to be freed because of the need to make final arrangements for his monitoring in the community. This means that he will have spent at least an extra year behind bars on top of his tariff.
A row erupted over the decision last year by the Immigration and Asylum Tribunal to grant Chindamo the right to remain in Britain. The tribunal ruled that he could not be deported as it would breach EU immigration rules and his human rights to a family life. The Home Office argued that Chindamo should be deported because he posed a "serious and present" threat to the public.
But the tribunal decided he was a reformed character after hearing glowing testimony from his prison deputy governor, who described him as a "changed person" and model prisoner.
The Ministry of Justice will present the Government's case when the parole hearing is eventually convened and is expected to again argue that the killer is still a danger and should not be freed.
One of the Government's arguments is that Chindamo's notoriety and the attention his release will cause is likely to trigger a violent reaction. His lawyers reject this - as did the tribunal - but they are understood to be advising the prisoner that his chances of securing freedom will be increased if he can demonstrate through periods of temporary short-term release that he can make a safe permanent return to society.
Mr Lawrence's widow Frances has criticised the decision to allow the Italian to stay in Britain, saying she was "devastated" and "depressed" that he could soon be walking the streets again.
The Government had promised that Chindamo would be deported after completing his sentence.
Mr Lawrence, a father-of-four, was stabbed through the heart as he tried to protect a pupil who was being attacked outside the school.
Chindamo, the son of a Filipino mother and an Italian father, was born in Milan but moved to London with his mother and two brothers when he was six after his parents split up. A regular truant, he became a member of a gang called Venom, which modelled itself on the Chinese Triads.
His mother still lives in London, where Chindamo is expected to live after his release.
His father, Giuseppe Massimo Chindamo, was convicted of murder by a court in Las Palmas, Gran Canaria, last month after stabbing a former girlfriend to death.
Neither the Parole Board nor Chindamo's solicitor Nigel Leskin would comment today.
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Reader views (4)
Here's a sample of the latest views published. You can click view all to read all views that readers have sent in.
When he kills someone again, will the people responsible for him being out face trial for accessory to murder?
- N Grinsell, London
Learco Chindamo breached his rights to EU immigration rules and his human rights to a family life when he took the innocent life of Mr Lawrence. Deport him and if he or his family don't want to split up, send them with him!
- Tracy Hughes, Enfield, UK
I am against the death penalty. In such a clear cut case, a life sentence should be exactly that.
- Nick, London UK
