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| Version 1 | Version 2 |
|---|---|
| Lawrence killer a 'present risk' | Lawrence killer a 'present risk' |
| (about 2 hours later) | |
| The killer of head teacher Philip Lawrence poses a "genuine and present" risk to the public, according to Home Office papers used in a tribunal. | |
| On Monday Learco Chindamo, 26, who stabbed Mr Lawrence in west London in 1995, won an appeal against deportation to Italy, where his father was from. | On Monday Learco Chindamo, 26, who stabbed Mr Lawrence in west London in 1995, won an appeal against deportation to Italy, where his father was from. |
| Chindamo's lawyers told the immigration tribunal that deporting him would breach his human rights. | Chindamo's lawyers told the immigration tribunal that deporting him would breach his human rights. |
| The Home Office has said it will appeal against the decision. | The Home Office has said it will appeal against the decision. |
| Chindamo attacked Mr Lawrence as he defended a pupil outside St George's Roman Catholic comprehensive school in Maida Vale. | Chindamo attacked Mr Lawrence as he defended a pupil outside St George's Roman Catholic comprehensive school in Maida Vale. |
| Chindamo had not been shown to pose a present and serious threat Asylum and Immigration Tribunal report | Chindamo had not been shown to pose a present and serious threat Asylum and Immigration Tribunal report |
| He was jailed for life at the Old Bailey in 1996 and given a minimum jail term of 12 years - which means he could be free next year. | He was jailed for life at the Old Bailey in 1996 and given a minimum jail term of 12 years - which means he could be free next year. |
| Details in the written judgement this week, from the Asylum and Immigration Tribunal, revealed Chindamo had been rated as the highest level of risk and would need to be excluded from certain parts of the UK. | Details in the written judgement this week, from the Asylum and Immigration Tribunal, revealed Chindamo had been rated as the highest level of risk and would need to be excluded from certain parts of the UK. |
| A Home Office letter submitted to the tribunal showed Chindamo had "over-reacted" to situations on several occasions and predicted it would be extremely difficult to find him somewhere to live on release. | A Home Office letter submitted to the tribunal showed Chindamo had "over-reacted" 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 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. |
| 'Cannot be expelled' | 'Cannot be expelled' |
| It added that while it was unlikely that Chindamo would re-offend, he was ranked as the highest level of risk, although this was largely due to his notoriety. | It added that while it was unlikely that Chindamo would re-offend, he was ranked as the highest level of risk, although this was largely due to his notoriety. |
| But Chindamo's lawyers argued there was no evidence their client was a threat and indeed reports on him had been "very positive" and the Parole Board had been "very impressed". | But Chindamo's lawyers argued there was no evidence their client was a threat and indeed reports on him had been "very positive" and the Parole Board had been "very impressed". |
| The tribunal concluded: "Chindamo had not been shown to pose a present and serious threat, and as he is a citizen of an EU country he cannot be expelled. | The tribunal concluded: "Chindamo had not been shown to pose a present and serious threat, and as he is a citizen of an EU country he cannot be expelled. |
| "That conclusion was sufficient to dispose of the appeal." | "That conclusion was sufficient to dispose of the appeal." |
| He took away my husband's life, thereby destroying one of the tenets of the Human Rights Act Frances Lawrence | |
| The judgement has sparked a political row over the role of the Human Rights Act in influencing the tribunal. | |
| Mr Lawrence's widow, Frances, said she has been devastated by the ruling of the tribunal, having been led to believe Chindamo would be deported. | |
| She said: "He took away my husband's life, thereby destroying one of the tenets of the Human Rights Act. | |
| "And yet he is using it to pick and choose how he wants to live his life." | |
| 'Complete madness' | |
| Conservative leader David Cameron said the act - which says people should have a "right to respect for family and private life" - should be replaced. | |
| "This does seem to be complete madness," he said. | |
| "And I'm not surprised that Mrs Lawrence has said there is something rotten at the heart of the Human Rights Act. | |
| "We agree with that we think the Human Rights Act should be scrapped and should be replaced with a British Bill of Rights." | |
| But Justice Minister Jack Straw, who passed the Human Rights Act when home secretary, said EU law had been more important in influencing the tribunal's decision. | |
| The law in question is article 28 of a European Directive which states EU citizens cannot be excluded unless there is "imperative grounds of public security". | |
| Mr Straw said: "We are going to appeal and let us see what the Appeal Court does in respect of the appeal." |