"We cannot let this pass"

By Katharine Quarmby

Three people who kicked a man with learning difficulties to death won reductions in their minimum sentences today at the Court of Appeal.

Brent Martin, 23, a disabled man, was set upon by three people he considered to be his friends.

William Hughes, 22, Marcus Miller, 16, and Stephen Bonallie, 17, were sentenced to minimum prison terms of between 15 and 22 years after killing him on Sunderland’s Town End Farm estate in August of last year.

The three men were trained boxers who repeatedly kicked, punched and stamped on Mr Martin, who later died in hospital, over a £5 bet to see who could knock him out first.

After the attack, the men posed for pictures with Martin and left him dying next to a parked car.

In February, Newcastle Crown Court ruled that Hughes serve a minimum of 22 years, Bonallie serve 18 years and Miller at least 15 years.

But all three successfully appealed today against their minimum terms - the shortest period they must serve before they can apply for parole.

The Lord Chief Justice, Lord Phillips, Mr Justice Goldring, and Mr Justice Plender, sitting at the Court of Appeal in London, imposed a new minimum of 19 years in the case of Hughes.

Bonallie's term was reduced to 15 years while Miller's was cut by two years to 13 years.

Disability campaigners are furious about the reduction that the three received in their sentences.

Julie Newman, chair of the United Kingdom’s Disabled People’s Council, said: “I'm completely disgusted. I'm so angry about this. Very clearly the message is that it's OK to kill disabled people and that there is no consideration under law for the protection of disabled people. I think it demonstrates the disregard with which our lives are held by the general public and specifically by the legal judiciary powers.

"It's a rallying call. It's clear that we have a massive amount of work to do in society in terms of enshrining disabled people's civil liberties and human rights. As disabled people, we really cannot let this pass.”

Liz Sayce, chief executive of Radar, said: “Disabled people's confidence in the criminal justice system - that hate crimes will be treated seriously -  is already not strong, and this reduction in sentences could jeopardise it even more.”

Ian Macrae, Disability Now’s editor added: “The decision to reduce these sentences by such significant amounts is surprising, baffling and disappointing.  It must also be deeply distressing for Brent's family and friends. These criminals kicked and beat a man to death and their main motivation for doing so was that he was disabled. By rights, that decision should have meant they were given LONGER sentences originally under the provisions on hate crime in the 2003 Criminal Justice Act. 

"Apart from the impact of this on those who were close to Brent and on us in the wider disabled community, I think it raises serious questions and concerns about how the judiciary and the criminal justice system views disabled people and the value they place on our lives.”

Raymond Johnson, from People First, commented: “They should be getting life. They shouldn't be getting the length of the time reduced, they should go into jail for the longest time possible, not shorter. It doesn't send the right message out.”

Robin van den Hende, spokesman for the charities Voice UK, Respond and the Ann Craft Trust, commented: “To reduce the sentences of the people who brutally and callously murdered Brent Martin is astonishing.  We await the judges’ explanation for their decision with interest.  Whatever the judges’ reasons, we fear that this decision will shake people with disabilities already limited confidence in the criminal justice system.”
17th June, 2008