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Islington Tribune by - DAVID ST GEORGE
Published: 28 December 2007
 

Richard Whelan
Bus victim’s family feel ‘robbed’

Judge orders chip-throwing killer to be held indefinitely in Broadmoor

THE family of a man murdered for telling a stranger not to throw chips at passengers on a bus have spoken of their disbelief at his killer’s disregard for life.
Paranoid schizophren­ic Anthony Joseph, of Theseus Walk, Angel, plunged a knife seven times into Richard Whelan hours after his release from prison in error. He was last week (Friday) ordered to be det­ained in Broadmoor.
After the sentence Mr Whelan’s family said: “To lose one through illness or accident is terrible, but when we think that, we have been put through this by another person who took Richard’s life from him and took him away from us almost feels like a physical blow. It is beyond belief to us that the defendant killed Richard without a moment’s hesitation or second thought. That knowledge causes us deep pain. How could someone think so little of life and the person we held so dear?”
Mr Whelan, 27, of Gaisford Street, Kentish Town, who was travelling home with his girlfriend, legal secretary Kerry Barker, on the top deck of a 43 bus in Holloway in July 2005, was described at the Old Bailey as “a man of peace”.
He paid with his life when he stood up to Mr Joseph, 23, a powerfully built six footer with a history of violent attacks, and asked him to stop throwing the chips.
His sisters have described the impact the murder has had on their 73-year-old father and the nephews and nieces Mr Whelan used to babysit for.
In a statement, they said: “No words can convey what the last two years and four months since Richard’s murder has been like for our family. Although time has passed and we have, to some degree, come to terms with Richard’s death, we still struggle and have difficulty in coming to terms with the manner of his death.
“Richard was 27 years old when he was killed, he started to show the potential of the person he would have become in life, a devoted son, a loving brother and uncle and a wonderful friend to many. All of these people miss him terribly and feel as though we have been robbed of him and the future we would have shared with him.
“The impact of Richard’s death on our father has been devastating. We miss Richard every day, our lives have changed forever and we know nothing will ever be the same again, he will always be missing.”
After two trials, at which jurors were unable to agree on a murder charge, Mr Jos­eph admitted man­slaugh­ter on grounds of diminished responsibility.
Passing an indeterminate sentence under the Mental Health Act, Mr Justice Gross praised Mr Whelan. He said: “The circumstances of this case are tragic. They form the nightmare of all who use public transport. His happy and peaceful night out was transformed into tragedy.”
The court heard the killer was high on a cocktail of drink and crack cocaine after being freed from prison hours earlier in Manchester. But prison authorities should have detained him – he had jumped bail in Liverpool in 2002 after admitting burglary.
It was a “matter of concern” that he was free to kill because of the prison bungle. “You should not have been released at all,” said the judge.

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