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| Version 1 | Version 2 |
|---|---|
| Inquiry into killer wrongly freed | Inquiry into killer wrongly freed |
| (20 minutes later) | |
| An inquiry is being carried out into why a schizophrenic who stabbed a man to death had been wrongly released from prison just hours before the attack. | |
| Anthony Joseph had been released from prison in Manchester but should have been detained to face burglary charges. | Anthony Joseph had been released from prison in Manchester but should have been detained to face burglary charges. |
| Within hours of his release he stabbed 28-year-old Richard Whelan seven times after throwing chips at his girlfriend on a London bus. | Within hours of his release he stabbed 28-year-old Richard Whelan seven times after throwing chips at his girlfriend on a London bus. |
| Joseph admitted manslaughter on grounds of diminished responsibility. | Joseph admitted manslaughter on grounds of diminished responsibility. |
| He will be sentenced on 20 December. | He will be sentenced on 20 December. |
| The Old Bailey heard how Joseph turned on his victim after throwing chips at passengers on a bus on the Holloway Road in July 2005. | The Old Bailey heard how Joseph turned on his victim after throwing chips at passengers on a bus on the Holloway Road in July 2005. |
| Mr Whelan, a hospitality worker, was stabbed through the heart but a jury trying Joseph for murder twice failed to reach a verdict and the prosecution then accepted his plea to manslaughter. | Mr Whelan, a hospitality worker, was stabbed through the heart but a jury trying Joseph for murder twice failed to reach a verdict and the prosecution then accepted his plea to manslaughter. |
| Our view all the time was that he was guilty of murder, he had the mental state to commit murder not manslaughter DCI John Macdonald | Our view all the time was that he was guilty of murder, he had the mental state to commit murder not manslaughter DCI John Macdonald |
| Joseph had been arrested in Sussex on 9 June 2005 and charged with two offences under the Child Abduction Act. | Joseph had been arrested in Sussex on 9 June 2005 and charged with two offences under the Child Abduction Act. |
| He was remanded in custody until 29 July - the day he killed Mr Whelan - but the case against him collapsed. | He was remanded in custody until 29 July - the day he killed Mr Whelan - but the case against him collapsed. |
| In a statement, Surrey Police said they were "mystified' as to why the prosecution case collapsed. | In a statement, Surrey Police said they were "mystified' as to why the prosecution case collapsed. |
| At a hearing before magistrates in Staines on 29 July, lawyers for the Crown Prosecution Service (CPS) apparently asked for a three week adjournment to clarify issues in the case. | At a hearing before magistrates in Staines on 29 July, lawyers for the Crown Prosecution Service (CPS) apparently asked for a three week adjournment to clarify issues in the case. |
| The application was refused and Joseph was freed even though he was on bail for a burglary offence which was being investigated by Merseyside Police. | The application was refused and Joseph was freed even though he was on bail for a burglary offence which was being investigated by Merseyside Police. |
| It has been revealed that the Police National Computer (PNC) did not contain the detail that Joseph had been remanded in custody over the abduction charges. | It has been revealed that the Police National Computer (PNC) did not contain the detail that Joseph had been remanded in custody over the abduction charges. |
| 'Vindictive man' | 'Vindictive man' |
| When Joseph failed to appear for a court hearing in Liverpool on the burglary charge, it was assumed that he had skipped bail and a warrant for his arrest was issued. | When Joseph failed to appear for a court hearing in Liverpool on the burglary charge, it was assumed that he had skipped bail and a warrant for his arrest was issued. |
| Merseyside Police say this warrant was entered onto the PNC but Surrey Police say they were not aware of this warrant until after Joseph was released on 29 July - the day he killed Mr Whelan. | Merseyside Police say this warrant was entered onto the PNC but Surrey Police say they were not aware of this warrant until after Joseph was released on 29 July - the day he killed Mr Whelan. |
| The defence said Joseph was suffering from the onset of paranoid schizophrenia when he carried out the attack on Mr Whelan, of Kentish Town, north London. | The defence said Joseph was suffering from the onset of paranoid schizophrenia when he carried out the attack on Mr Whelan, of Kentish Town, north London. |
| But Mr Whelan's family said in a statement that they believed "the defence of diminished responsibility in this case has been used as a defence for the un-defendable". | But Mr Whelan's family said in a statement that they believed "the defence of diminished responsibility in this case has been used as a defence for the un-defendable". |
| The evidence, they said, showed that Joseph was "an angry and vindictive man" | The evidence, they said, showed that Joseph was "an angry and vindictive man" |
| It added: "He has tried to excuse his actions that evening by claiming mental illness, however in our opinion he callously killed Richard for no reason at all." | It added: "He has tried to excuse his actions that evening by claiming mental illness, however in our opinion he callously killed Richard for no reason at all." |
| In a statement from Surrey Police Authority, its chief executive Sue Martin said they were "very sad about the tragic death of Mr Whelan". | In a statement from Surrey Police Authority, its chief executive Sue Martin said they were "very sad about the tragic death of Mr Whelan". |
| She said they were waiting for the outcome of a review into why Joseph was not in custody at the time he killed Mr Whelan. | She said they were waiting for the outcome of a review into why Joseph was not in custody at the time he killed Mr Whelan. |
| "We support the government's call for a review of the facts of the case, and we agree that the inspection regimes are the right bodies to carry that out," she added. | "We support the government's call for a review of the facts of the case, and we agree that the inspection regimes are the right bodies to carry that out," she added. |
| Detective Chief Inspector John Macdonald said he was "disappointed" that Joseph was not convicted of murder. | Detective Chief Inspector John Macdonald said he was "disappointed" that Joseph was not convicted of murder. |
| "Our view all the time was that he was guilty of murder, he had the mental state to commit murder not manslaughter," he said. | "Our view all the time was that he was guilty of murder, he had the mental state to commit murder not manslaughter," he said. |