Read Nottingham attack victims' family statements in full
Families of victims killed by Valdo Calocane say they now "face their own life sentence" of ensuring he is never released.
The families of the victims of the Nottingham attacker have reacted with disappointment at a court's decision not to change his sentence.
Three judges at the Court of Appeal in London ruled that the sentence handed down to Valdo Calocane in January was not "unduly lenient".
The 32-year-old was given an indefinite hospital order after admitting the manslaughter of Barnaby Webber, 19, Grace O’Malley-Kumar, 19, and Ian Coates, 65, by reason of diminished responsibility, and the attempted murder of three others last June.
The attorney general had referred the sentence to the Court of Appeal in February, with lawyers arguing last week that Calocane – who suffers from paranoid schizophrenia – should be given a “hybrid” order where he would be treated before serving the remainder of the sentence in custody.
But three senior judges dismissed this on Tuesday, saying that while Calocane’s offences caused “unimaginable grief”, his sentence was not unduly lenient as his paranoid schizophrenia was “the sole identified cause of these crimes”.
Giving their judgment, the Lady Chief Justice Baroness Carr said: “There was no error in the approach adopted by the judge. The sentences imposed were not arguably unduly lenient. It is impossible to read of the circumstances of this offending without the greatest possible sympathy for the victims of these terrible attacks, and their family and friends."
However, the families said they were disappointed with the ruling and that they "face their own life sentence" of ensuring Calocane is never released.
Read their full statements below following the ruling in which they criticise the "utterly flawed and under-resourced" criminal justice system in the UK as well as the "obvious errors and omissions that have resulted in this tragedy".
Dr Sanjoy Kumar, father of Grace O’Malley-Kumar
“The attorney general’s case has not been successful. This is disappointing, but not unexpected. The Nottingham attacks were entirely preventable. Nottinghamshire Police failed to produce a warrant for many months, a flawed investigation, no toxicology, over-reliance on psychiatric reports.
“Leicestershire Police failed to arrest Valdo Calocane. This is a failure of two police forces, a failure of the mental health trust, along with Nottinghamshire (County) Council as well.
“Missed multiple opportunities to prevent the Nottingham attacks and the murder of our children and Ian Coates is what has led us here today. We have continued to pursue agencies that failed us and hold them responsible for the Nottingham attacks, so that no other family is made to suffer like ours.
“We thank everyone for the outpouring of support for our brave and beautiful daughter, Grace.”
Emma Webber, mother of Barnaby Webber
“Today’s ruling comes as no surprise to the families of the Nottingham attack victims. It was inevitable and was not a review of anything other than the letter of the law as it stands.
“Despite the fact that the attorney general herself feels that Valdo Calocane did not receive the appropriate sentence, today’s outcome proves how utterly flawed and under-resourced the criminal justice system in the UK is. It also illustrates the need for urgent reforms in the UK homicide law.
“The fact remains, despite the words of the judge, that almost 90% of people serving hospital orders are out within 10 years and 98% within 20 years. In effect, the families now face their own life sentence of ensuring the monster that is Valdo Calocane becomes the next Ian Brady or Fred West and is never released.
“Given the failed investigation carried out by Nottingham Police, the weak prosecution put forward by East Midlands CPS and the over-reliance on doctors’ reports, there was probably no other conclusion that could be made.
“The families have raised their concerns already with the government with regard to obvious errors and omissions that have resulted in this tragedy.
“As examples, even during the court ruling this morning, there was reliance upon Calocane’s clean record (no mention of the failures by the police to execute warrants for his arrest or indeed the numerous investigations for his previous violent attacks), no questions about why he received no mental health assessment in custody, no treatment until mid-September and remained in prison until November.
“Also, no questioning of why the defence doctor assessed him in July but did not release his report until October and why the CPS doctor did not see him until mid-November.
“There are many, many more serious questions that the families will now continue to fight to get answered.
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“We do not and never will agree that the vicious, calculated and planned attacks carried out were that of an individual who was at zero level of capability.
“We have never disputed that he is mentally unwell; however, he knew what he was doing, he knew that it was wrong; but he did it anyway. There should be an element of punishment for such a heinous act; alongside appropriate treatment.
“This is just one part of the fight for justice and appropriate accountability for failures that the families have been forced to endure. So far, there have been no less than eight individual reports, reviews and investigations.
“We do not believe that there is any chance these can be cohesive enough to ensure a full and detailed outcome, and therefore call for a public inquiry.”
