A heartbroken mother only found out that the jail sentence of her son's killer had been slashed when she read it in the M.E.N.
An investigation has been launched after Tracey Cowley discovered in the paper that Andrew Whalley, who ran over her son Mark, had successfully had his term cut by over a quarter.
Whalley, 37, was locked up in November last year after admitting causing Mark's death by dangerous driving.
He mounted the pavement in Stalybridge town centre and hit the father-of-one after a row over debts.
But judges at London's Appeal Court cut his term from eight years to five-and-a-half last month.
And Miss Cowley, 46, says she was left 'stunned' when she found out about the reduction in the paper.
She has launched a blistering attack on the authorities for not notifying her in advance that Whalley was to make an appeal.
Disgusting
“It's disgusting,” she said. “Absolutely disgusting. I heard nothing from the CPS and nothing from the Probation Service or Family Liaison officer. I came home from work and there it was in the paper.”
Whalley went looking Mark and his father. They had earlier smashed windows at Whalley's house after a row over money.
He hit Mark at the junction of Booth Close and Hollins Street and, as he lay dying, assaulted his father.
Whalley's sentence was reduced after the court accepted a glass thrown at his car had distracted him.
Miss Cowley said she was 'disgusted' with what happened and called for action.
She added: “If I'd have known I would have been there to argue against it.
“We accepted the sentence at the time, but five-and-a-half years is not enough.
“Someone, somewhere has not done what they should have done and they should be held responsible. To find out like this is not right.”
A CPS spokesman said they were not given a date for the hearing by the Court of Appeal and added that had they done so they would have appeared themselves.
He said: “It is standard procedure in these cases for the Court of Appeal to formally notify the relevant prosecuting authority of a defendant’s intention to lodge an appeal. We would then liaise with victims and witnesses.
“Unfortunately, whilst we received notice that Mr Whalley was intending to appeal, we did not receive the standard follow-up information detailing the date and time of that appeal.
“We are currently making inquiries with the Court of Appeal as to why this was the case. We will then notify Ms Cowley immediately.”
“Whenever, there is an appeal in a case involving a fatality, and where the family will be attending the hearing, the CPS considers it to be of the utmost importance that the Crown be represented at that hearing.”
No comment was given by the Court of Appeal.
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Showing comments 1 to 15 and replies | View All
PW, Manchester (15/03/2010 at 06:25)
Knowsleyman, Paphos (15/03/2010 at 07:02)
thoughtful, East of Manchester (15/03/2010 at 07:44)
Until the corruption of the legal system is tackled we will have problems with re offending, and reform means keeping the lawyers at arms length. With a parliament stuffed full of lawyers I don't really think that's likely.
dessie, manchester (15/03/2010 at 08:34)
Mad Welsh Scotsman, Cadishead (15/03/2010 at 08:46)
And why was he committed on dangerous driving, when he deliberately used a lethal weapon to harm someone, it should have been murder or at the very least manslaughter.
BluePurgatory, Manchester (15/03/2010 at 09:32)
We will prob end up with a hung parliment. Because none of the mainstream parties have the bottle to say enough is enough.
We need a complete clear out from Top Police Officers, Judges and the CPS. But sadly we are never going to get that with the current crop of politicians, becuase those I have mentioned are an reflecton of what we have got.
canonball, inside the helmet (15/03/2010 at 09:34)
James Yates, Hyde, Cheshire (15/03/2010 at 10:09)
Vote for David, tory land (15/03/2010 at 10:11)
moaning bugger, reddish (15/03/2010 at 10:25)
Black Flag (15/03/2010 at 11:29)
No, it's a terrible idea.
As has been pointed out numerous times, anybody can apply to be a magistrate, so if you're so unhappy with the current situation, step up to the plate and do the job yourself.
Gem 01, Manchester (15/03/2010 at 12:37)
Arkan The Clean (15/03/2010 at 13:43)
blizzard, Midlands (15/03/2010 at 15:38)
You only have to look to USA to see that.
Ivor Rash, Oldham (15/03/2010 at 23:36)