Mablethorpe rapist Samuel Betteridge awarded damages for breach of his human rights
A MABLETHORPE man who forced a 14-year-old to drink alcohol before repeatedly raping her, has won damages after a European court ruled his human rights had been breached.
Fairground worker Samuel Betteridge, 58, of Ivel Grove, was jailed for life after he pleaded guilty to two counts of rape and one of attempted rape at Lincoln Crown Court in 2005.
However, a 13-month delay between the end of Betteridge's minimum term and his first parole hearing was a breach of his right to a speedy hearing, the European Court of Human Rights found.
The Strasbourg court ordered the British Government to pay Betteridge £640 in damages and £1,710 for his lawyers' costs after hearing Betteridge's minimum term expired on December 2008 but no Parole Board review had taken place.
Business Cards From Only £10.95 Delivered www.myprint-247.co.uk
View detailsOur heavyweight cards have FREE UV silk coating, FREE next day delivery & VAT included. Choose from 1000's of pre-designed templates or upload your own artwork. Orders dispatched within 24hrs.
Terms: Visit our site for more products: Business Cards, Compliment Slips, Letterheads, Leaflets, Postcards, Posters & much more. All items are free next day delivery. www.myprint-247.co.uk
Contact: 01858 468192
Valid until: Friday, May 31 2013
A hearing was initially planned for May 2009, then rescheduled for September that year.
However, a pre-tariff advisory meeting recommended that his security category was not downgraded as he remained at risk of re-offending.
In the meantime, Betteridge brought judicial review proceedings challenging the delays in fixing a Parole Board hearing in his case.
A High court judge found in 2009 that that there had been a violation of Article 5(4) of the European Convention on Human Rights – the right to a speedy hearing.
The ruling came amid a crisis at the Parole Board following the introduction of IPP (Indeterminate Sentence for Public Protection) sentences, as it was swamped with hundreds of applications for release, leading to a backlog and scores of human rights challenges.
The High Court ruled that there was no conceivable claim for damages as the pre-tariff hearing had made it clear that there was no chance of Betteridge being released.
The Parole Board hearing fixed for September 2009 was postponed to January 13 2010, at which it was recommended that Betteridge should be moved to open prison conditions.
In ruling that Betteridge's human rights had been breached, the European court attacked the way in which the Government handled the introduction of IPP sentences.
It said: 'Furthermore, the fact remained that the delay in reviewing Mr Betteridge's case was the direct result of the failure of the authorities to anticipate the demand which would be placed on the prison system following the introduction of IPP sentencing and that it was for the state to organise its judicial system in such a way as to enable its courts to comply with the requirement under the convention of a speedy hearing to review the lawfulness of detention.
'IPPs, introduced under the 2003 Criminal Justice Act, are aimed at persons who commit offences of a violent or sexual nature and are deemed to be dangerous to the public. Convicted offenders remain in custody until considered safe to be released.
14 Comments
View all
by Chixxey
Thursday, January 31 2013, 11:25AM
“Blame the legal professionals? do away with HUman Rights? Am afraid the c0ck-up here lies with the changes in the criminal justice system which is and has been dismantled and privatised for a while now. The prison service is just the latest to receive the cameron/clegg ideology and treatment. If the prison service (not just the transporting of prisoners) is to now be "managed" I suspect by the same firm that c0cked-up the security of the olympics, then more loopholes will be found and exploited by scum and the unscrupulous legal eagles they hire.”
by roadrunner74
Wednesday, January 30 2013, 10:32PM
“Scum like that should not have any rights at all including the right to live. GET RID OF THIS HUMAN RIGHTS TWADDLE NOW!!!!!!!!!!!!!!!!!!!!!!!”
by Saw-Doctor
Wednesday, January 30 2013, 6:56PM
“Blame the legal profession, they are the ones that are constantly looking for so called breaches of human rights (but only of criminals). They are bloodsucking leeches that are making more money than you can imagine. It has to be stopped because it is creating a society where responsibility and culpability are always someone else's fault, therefore making a genuine system (The Bill of Human Rights) into a farcical money making machine.”
by Wilderness
Wednesday, January 30 2013, 6:01PM
“"The Parole Board hearing fixed for September 2009 was postponed to January 13 2010, at which it was recommended that Betteridge should be moved to open prison conditions."
Presumably the Parole Board made sure it wasn't an open prison anywhere near they, or their daughters, live.
Hopefully the only place he'll ever get to spend it is in the prison tuck shop.”
by davendogs
Wednesday, January 30 2013, 5:03PM
“2005, 2009. That's only four years on. He should be doing at least twelve. Stuff the european court, ignore them. I hope he gets gang banged and sliced. I take it he is still inside and not a open one either.”
by lashbaby
Wednesday, January 30 2013, 4:41PM
“They should take that £640 off him and charge him £10 a year for lodge ! As for his solicitors another example of the lawyers of which parliament is full milking the system.”
by delboy1900
Wednesday, January 30 2013, 4:35PM
“That might be true Plumduff, however whilst we still wish to remain within the EU we will always have to adhere to the european court of human rights, it's a pre-requisite of being part of the european union - Get out, and get out quick... This country is genuinely going to the dogs & I'm not wanting to don my rose tinted specs either!!”
by mistletoe50
Wednesday, January 30 2013, 4:19PM
“Please tell me this is an April fool ????”
by plumduff10
Wednesday, January 30 2013, 4:14PM
“by gysamuraiWednesday, January 30 2013, 2:34PM
"Unbeleavable...why are we putting up with this....why dont we grow some and tell the EC to do one!!"
The ECHR is NOTHING to do with the EU/EC. If we left the EU tomorrow this country would still be a member of the ECHR”
by seadog
Wednesday, January 30 2013, 4:11PM
“theres no wonder everyone in europe think the uk are a joke”