HUSH - Book - Page 57
HUSH – Breaking the Silence | Victim Support Scotland
At the end of the week-long trial, he was sentenced to
life in prison with an 18-year punishment part. We were
under the assumption, like every other person that doesn't
know anything about murder that a life sentence means
life in prison, until they die. However, the transparency of
the system is still in its early stages, and we had to find out
for ourselves that his sentence meant he had 18 years
before he is automatically eligible to apply for parole and
be released on life licence back into the community.
Suddenly, out of the blue, we got this letter from the
Victims' Information and Notification scheme saying that
he has appealed his original sentence and could have the
punishment part reduced. We also found out that he has
lots of other rights including free legal aid for gaining
financial compensation and power over the system. Why
does he have the right to appeal, and can we counter
appeal it? We were told “You have nothing to do with this
now. You have no part to play in this anymore!”
At the appeal, there were three different judges that
were not at the original trial. They said that 18 years was a
bit harsh, and they reduced it to 13 years. As a family member, you're just sitting there going, “what, what just happened?”. How can they do that? How can they whack 5
years off his sentence because they think 18 years is too
harsh! Where is the justice in that?
We were told to go home and grieve. Put it to rest and
move on with our lives. Not just from people of authority,
but in general people were like, “Other people's parents die,
they grieve, they move on and they're okay. Why aren't
you?”
I'm not ok, because there is little to no communication
between multidisciplinary teams, one hand doesn't seem
to talk to the other. I have also learned that the system
does everything it can to dehumanise the victim with a
distinct lack of compassion. They're not named, it's the
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victim, or the deceased or it's the index offence. They are
making life changing decisions that directly affect us, so
we put our mum and dad's photographs in our submission
to the parole board, to remind them that this is real life and
real people.
There were several hearings and a judicial review that
we weren't allowed to attend, and we just couldn't believe it
when he was released! And of all days it was on the anniversary of my dad's murder. As if we have not been tortured
enough. They know that he is a repeat offender, and they
know how frightened we are for our safety. Yet, they let him
out anyway. There is no accountability if he re-offends and
we had to fight for exclusion zones to be applied to his life
licence conditions, so that we can feel safer and try to
sleep at night. It is incomprehensible.
After a murder it is like everything has been taken away
from you and you feel powerless. The system is one sided, it
is orientated for the criminal and is not set up in fairness
for the victims or their families. We have been fighting so
hard, for so long to balance the scales of justice and give
the victims a voice. If we can keep fixing the loopholes here
and there, we can string the justice system together a little
bit better for the victims, then I can feel like Dad's death has
not been entirely in vain.
We're still fighting for justice. I don't think it will ever
end but we will keep pushing for change.