A Tangled Web

CRIME AND PUNISHMENT....



Introduction to "Court Hawk"



Let me make a few things clear at the start. I am not a traditional "hanger and flogger". In fact, I don't believe in either the death penalty or corporal punishment. However, what I do believe is that the punishment should fit the crime and I am increasingly concerned that in too many cases in Northern Ireland that is no longer the case. I am also convinced that my concern is shared by a large majority of people here, from all politcial backgrounds. I do not want to get into the philosophy of deterrence versus punishment versus rehabilitation. Obviously, I believe that prison should be primarily a deterrent and a punishment, without ruling out rehabilitation where possible. Hopefully, the first few stories from the courts this week will illustrate some of the issues.

I am starting with two scandalous murder sentences from earlier this year, which in many ways were the catalyst of this column. They are a stark reminder of how domestic murder is "punished" in Northern Ireland in 2004.



Obviously there are no plans for new legislation, judging by the Secretary of State's mealy-mouthed answer to Roy Beggs MP.



NIO urged to adopt life term tariffs http://www.irishnews.com/access/daily/current.asp?SID=467271 By Maeve Connolly.



A senior Ulster Unionist last night called on the Northern Ireland Office (NIO) to use its powers to bring British legislation governing life sentences to Northern Ireland. East Antrim MP Roy Beggs was speaking after receiving a letter from Secretary of State Paul Murphy extending his sympathy to the families of two young women murdered by their boyfriends. In June the two men received life sentences for the murders and were ordered to serve a minimum of 10 and 11 years before being eligible for release. The families of victims Angela Snoddy (21) and Nichola Dickson (26) have since criticised the leniency of the sentences.Mr Beggs last night called for the introduction of the Criminal Justice Act 2003 in Northern Ireland to “end the discrepancy in life sentencing tariffs”.The legislation provides guidelines for setting a minimum tariff to be served by those facing a mandatory life sentence and is in place in England and Wales. In his letter, Mr Murphy had extended his sympathy to the women’s families, whom he said had suffered “the tragic loss of two young lives”. However, he said a prisoner was not automatically released once they had served the minimum number of years stipulated by a judge.“The (Life Sentence Review) Commissioners will only authorise the release of an individual where they are satisfied that it is no longer necessary, for the protection of the public from serious harm, that the prisoner should continue to be held in custody,” he said. “Where they are not satisfied that this criterion is met, the prisoner will remain in custody and their potential for future release will be subject to periodic review.” Mr Murphy added that the Probation Board prepared a report for the commissioners, which could include “the attitudes and concerns” of victims’ families “at the prospective release of a life-sentence prisoner. Such reports will form part of the commissioners’ consideration of the case,” he said.The body of Nichola Dickson was found in her Ballycarry home in Co Antrim on January 7 last year. She had been stabbed and strangled. In June this year, David McCord (34) from Dundonald was sentenced to life imprisonment and ordered to serve a minimum of 11 years. Mother-of-two Angela Snoddy was stabbed to death in her Whiteabbey home on October 14 2002 by Conor Gerard Doyle (23) from the Limestone Road in Belfast. A Crown Court judge ordered that he serve at least 10 years of a life sentence.



------------------------------------------------------------------------------------------------------- The next two stories from this week concern car crime, in particular causing death by dangerous driving. The sentence passed this week on Malachy Delaney (six years out of a maximum of ten) was in my view unduly lenient. It is instructive to compare his sentence with that handed down to Christopher Marley who killed Debbie McComb in similar circumstances. Marley got nine years. The only obvious difference is that Delaney pleaded guilty - worth some reduction, but three years? It could also be asked - if Marley was not worth the maximum, who would be? One good news point is that the maximum has since been raised from ten years to fourteen years.



The other point, raised by Delaney's victim's father, is the lesser charges and sentences meted out to the "passengers" in the killer car. Surely "passengers" in this context are more like "perpetrators" or "accessories"? If the law does not allow the DPP to bring greater charges against these people, the law needs changing. As Rossa Quigley's father points out, the drive would not have caused death if he had been on his own. The courage of FBTCC also needs applauding.

This group deserves a much higher media profile.



CAR CRIME CAMPAIGNERS SLAM DEATH DRIVER’S SENTENCE AS ‘RIDICULOUS’ http://www.irishnews.com/access/daily/current.asp?SID=467344 By Maeve Connolly



A campaign group last night slammed the six-year sentence given to Malachy Delaney as “ridiculous”. Tommy Holland of Families Bereaved Through Car Crime (FBTCC) said it had fought “long and hard” to have the law changed so that car criminals causing death would face tougher sentences. “What’s the point when the judge doesn’t deliver?” he said. Mr Holland said the Quigley family could now bring the case to the Attorney General, who decides if a sentence should be appealed.Originally from the Whiterock Road area of west Belfast, Rossa Quigley had been living with his girlfriend in a flat on the Cliftonville Road in the north of the city. The 25-year-old had been returning home after visiting his mother on her birthday and was crossing the road, close to the junction with Rosapenna Drive, when he was struck by a stolen car which did not stop in April last year. He was pronounced dead at the scene, and a vigil held two days afterwards saw grieving friends and family tie bunches of flowers to railings and light candles. A spokeswoman from FBTCC addressed the crowd of more than 200 people, as did Mr Quigley’s brother Cormac.FBTCC was formed following the death of west Belfast teenager Debbie McComb, who was killed by a stolen car on the Springfield Road in Belfast in March 2002. The family of the 15-year-old spoke out emotionally about her death and their words resonated throughout the north and west Belfast community, where so-called ‘joyriding’ has claimed a number of lives. Two mothers bereaved by car criminals – Peggy Hanna and Molly Brammeld – contacted the McComb family and FBTCC was soon established. The May 2002 death of Kieran Conlon brought another family to the fold and together they planned a campaign to rid the streets of car criminals by measures such as education and resources for young people, the creation of a multi-agency task force, and tougher sentencing.One challenge they faced was maintaining a level of publicity after victims had been buried, and they set about organising rallies, petitions and white-line pickets. The group gathered cross-party support after presenting assembly members with a petition containing more than 25,000 signatures in July 2002 calling for the toughening of legislation to deal with car criminals. NIO minister Des Browne was then furnished with a nine-page document the following May, which recommended stiffer penalties and refusing bail to repeat offenders. At around the same time as FBTCC was established, police set up an auto crime team and 24-hour telephone hotline for affected areas. Officers hoped the phone line would make it easier for members of communities which traditionally do not have a good relationship with police to contact the crime team. FBTCC has worked with the police auto crime unit and has praised its “holistic approach” to the problem. It has made more than 500 arrests to date.The group also visited Westminster to lobby politicians, and changes to the law have now been introduced. A new offence of ‘causing death or grievous bodily injury by aggravated vehicle taking’ carries a maximum penalty of 14 years, while a new crime of aggravated vehicle taking has a maximum sentence of five years. The maximum penalty for death by dangerous driving has also been increased from 10 to 14 years, as it has for causing death by careless driving while under the influence of alcohol or drugs. The maximum sentence for dangerous driving rises from two to five years. FBTCC is to meet Belfast City Council’s environmental and health committee in the city hall next week to discuss the problem of car crime.



Drunken killer driver could do it again: judge http://www.belfasttelegraph.co.uk/low_res/story.jsp?story=556965&host=26&dir=675 By Staff Reporternewsdesk@belfasttelegraph.co.uk 31 August 2004 A drunken killer driver who played Russian roulette with the lives of the innocent could kill again, a judge warned today. The warning by Crown Court Judge Marrinan came was he jailed 19-year-old Malachy Delaney from Westrock Drive in west Belfast for six years for causing the death by dangerous driving of his 25-year-old near neighbour Rossa Quigley. He was mown down on north Belfast's Cliftonville Road on April 4 last year shortly after bringing a birthday present to his mother's home on the Whiterock Road.



Judge Marrinan, in jailing Delaney, who pleaded guilty to causing Mr Quigley's death and a string of other motoring offences, said it would be a "scandal" and a "tragic mistake" for him not to immediately start receiving in prison the professional help he needs. Failure to break his cycle of car crime, said the judge could see Delaney being released to re-offend and kill again. Absolutely nothing so far, said Judge Marrinan, had deterred Delaney from committing crime, not even the courts, or "more frighteningly", the prospect of attack from paramilitaries who have already shot him in both ankles for other alleged crimes. As part of his sentence Delaney agreed to serve two further years on probation following his release.



Four other west Belfast men who had been passengers in the stolen Vauxhall Cavalier car were sentenced with Delaney. Two, Sean Moran (26), of no fixed abode, and 18-year- old Paul Mulligan of Whiterock Place, had their six month terms suspended for two years. The other two, who also admitted allowing themselves to be carried and using a vehicle without insurance, Malachy Goodman (21), of Ballymurphy Parade, and 29-year-old Sean Mulligan, were both given 12 months.



Below is the original crime story from April 2003 as reported by BBC Online. The reference to the Debbie McComb case is interesting. Her killer was sentenced the same day that Rossa Quigley was mown down by Delaney. Marley actually got nine years (out of a possible ten year maximum at the time) for causing death by dangerous driving, to which three was added for theft of the car. He had 58 previous motoring offences at the time. Even more interesting is the fact that the charge against Marley of causing death by dangerous driving was dropped by the DPP, only to be reinstated after criticism from the judge. The case was heard in Dungannon because it was claimed Marley would not get a fair trial in Belfast. He was convicted by a 10-2 majority. Delaney got a lighter sentence this week partly because he pleaded guilty, whereas Marley first pleaded an alibi then denied being the driver. Marley jeered at the family of Debbie McComb after hearing the sentence.



Man killed in hit-and-run http://news.bbc.co.uk/go/pr/fr/-/1/hi/northern_ireland/2920243.stm A man has been killed in what is believed to be a hit-and-run incident in Belfast. Rossa Quigley, 24, was struck by a car as he crossed the Cliftonville Road in the north of the city on Friday night. He had just been dropped off near his home by friends. Police are questioning four people in connection with the incident. A Sinn Fein councillor for the area linked the incident to so-called joyriding. "This part of north Belfast has been plagued by car thieves and death riders for quite some time," said Eoin O'Brion. The death happened just hours after a 20-year-old man was jailed for nine years for causing the death of a 15-year-old girl in west Belfast. Henry Christopher Marley was convicted of causing the death by dangerous driving of Debbie McComb, who was killed on the Springfield Road. He received a further three years for a series of thefts, including stealing the vehicle that killed the teenage girl. Mr O'Brion said that tougher sentences were only part of the overall solution. "We have to take preventative action within local communities or unfortunately incidents like these may well be repeated," he said. "Local people, community workers and politicians have been saying for some time that the situation is reaching crisis point."