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Teacher's killer faces deporting Teacher killer 'may be deported'
(1 day later)
The Home Office has begun moves to deport an Italian-born man convicted of murdering headteacher Philip Lawrence. An Italian-born man who murdered head teacher Philip Lawrence outside his school 11 years ago faces deportation on his release, his lawyers have said.
Learco Chindamo is serving a life sentence but could be freed in 2008 when his 12-year minimum term expires. They said the Home office wanted Learco Chindamo to be returned to Italy when he was freed from prison - which could be within 18 months.
He has been informed the government intends to send him back to the country where he spent his early years. The lawyers added the move was illegal as he was from an EU country and had lived in the UK for 10 years by 1995.
Lawyers for Chindamo, who was 15 at the time of the London stabbing, plan to appeal against the move on the grounds it breaches immigration rules. Chindamo was just 15 years old when he stabbed the teacher to death.
Chindamo had been in the UK for more than 10 years at the time of the murder. The rules covering the deportation of convicted criminals between EU states can be complex - particularly if they have spent a significant part of their life in the country where they have been imprisoned.
EU citizens who have been resident for a such a period can only be removed if their presence is not considered to be conducive to the public good. In such cases a criminal can be deported only if they are a "genuine, present and sufficiently serious threat to the fundamental interests of society".
Deportation row For all their talk of putting victims first, it seems nothing has changed Frances Lawrence
Mr Lawrence was killed as he defended a pupil outside his school, St George's Roman Catholic comprehensive in Maida Vale, in 1995. The Home Office has refused to confirm the deportation bid.
Chindamo could be released within 18 months if the Parole Board decides it is safe to do so. A spokeswoman told BBC News: "We do not comment on individual cases."
Mr Lawrence was stabbed to death as he defended a pupil outside St George's Roman Catholic comprehensive school in Maida Vale in 1995.
Chindamo was jailed for life with a minimum 12-year term, so he could be released in early 2008 if the Parole Board decides it is safe to do so.
Mr Lawrence's widow, Frances, is angry with the government for not telling her of its decision to pursue deportation.
"It would have just taken one call. This is appalling. I don't think I have ever been more angry," she said.
Foreign prisoner row
"For all their talk of putting victims first, which I have supported and gone along with, it seems nothing has changed."
The deportation move comes after the row over the Home Office's admission that it had failed to consider hundreds of foreign prisoners for deportation.The deportation move comes after the row over the Home Office's admission that it had failed to consider hundreds of foreign prisoners for deportation.
BBC home affairs correspondent Danny Shaw said the case is likely to test Home Secretary John Reid's resolve to remove foreign prisoners.BBC home affairs correspondent Danny Shaw said the case is likely to test Home Secretary John Reid's resolve to remove foreign prisoners.
In 2001, Chindamo won a legal challenge blocking deportation proceedings because the process had begun too soon after he had been sentenced. It is the second time the government has tried to remove Chindamo - their attempt in 2001 being blocked because it had begun too soon after he had been sentenced.
In 2005, he was transferred to Ford open prison in West Sussex and it later emerged he had been let out of jail for a day to prepare for his release.
But in May he was returned to closed conditions at Blakenhurst prison in Redditch, Worcs.
His lawyers said he had fallen victim to the crackdown on foreign criminals and in July the High Court ruled he could challenge the decision to return him to closed conditions.