THE mum of one of Valdo Calocane’s victims has slammed the decision to keep the triple killer out of prison as “utterly flawed”.
The monster, 32, was handed an indefinite secure hospital order after admitting manslaughter over his Nottingham knife rampage last June.
Lawyers for the Attorney General then asked the Court of Appeal to up the cushty secure hospital order Calocane landed after securing a diminished responsibility plea.
Reading out a summary of the decision not to change the sentence of Valdo Calocane on Tuesday, the Lady Chief Justice Baroness Carr said: "Because the offender's level of retained responsibility was low, and in circumstances where the offending would not have taken place but for the offender's schizophrenia, the judge was entitled to conclude that a penal element was unnecessary.
"This was so, despite the number of victims and the extent of the harm caused."
She continued: "The key factor in a case like this, when deciding whether or not a penal element is required, is the strength of the link between the offender's impairment and the offending in question.
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"Here, at the time of the assaults, the offender was in the grip of a severe psychotic episode."
She add that Mr Justice Turner had made a "reasonable conclusion" from the psychiatric evidence presented and that public protection would be "served better by hospital and restrictions orders."
Valdo was locked up in Ashworth high-security hospital after pleading guilty to manslaughter on the grounds of diminished responsibility.
This means he will not be released while he continues to pose a risk to the public - which could be for the rest of his life.
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Today's outcome proves how utterly flawed and under-resourced the criminal justice system in the UK is
Emma Webber
In a statement following the Court of Appeal's decision not to change the sentence of Valdo Calocane, Emma Webber, mother of victim Barnaby Webber, said: "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."
She added also illustrated the need for urgent reforms in the UK homicide law.
Ms Webber said that almost 90 per cent of people who were given hospital orders were out within 10 years and 98 per cent were released within 20 years.
She added: "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.
'FAILED INVESTIGATION'
"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."
Mrs Webber claimed 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."
She also questioned 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.
Ms Webber said there were other "serious questions" that needed answering and the families would continue to fight.
'VICIOUS, CALCULATED & PLANNED ATTACKS'
She said" "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."
Speaking outside the Royal Courts of Justice following the Court of Appeal's refusal to change the sentence of Valdo Calocane, Dr Sanjoy Kumar, father of victim Grace O'Malley-Kumar, said: "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.
'A FAILURE OF TWO POLICE FORCES'
"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."
On January 23, 2024, prosecutors accepted his plea - meaning Calocane did not stand trial for murder.
It came after cops rushed to Ilkeston Road just after 4am on June 13, 2023, after witnesses revealed they heard "blood-curdling screams".
Onlookers described the terrifying moment they claim they saw the knifing take place before police swarmed the scene.
This was understood to be when Grace and Barnaby were killed.
Officers then responded to calls in Milton Street where a stolen van was used to run over three people - leaving one man in critical condition with two others suffering minor injuries.
Neither the judge nor this court can ignore the medical evidence as to the offender's condition which led to these dreadful events or the threat to public safety which the offender continues to pose
Lady Chief Justice Baroness Carr
Detectives - including terror cops - believe Valdo had stolen the van from nearby Magdala Road, where he killed the vehicle's owner.
This is where Ian is believed to have been knifed to death.
Valdo was ultimately arrested at about 5.30am, after being Tasered by cops.
University students Grace and Barnaby, both 19, were the first two victims named.
The pair were making their way home to student accommodation from a nightclub on the morning they died.
The teens were said to be just five minutes from home when the horror unfolded.
Ian Coates, a school caretaker, was named the day after he was killed.
MISSED OPPORTUNITY
Previously, it was revealed officials missed a crucial opportunity to finally take toxicology samples from the triple killer — by letting him have a haircut.
But The Sun revealed he refused to give blood and urine — which would have shown if he had taken drugs and possibly led to murder convictions.
It emerged officials allowed Calocane to have his hair cut, even though they could have extracted samples from it.
Nottinghamshire Police said Calocane did not have his hair cut while in its custody.
Calocane fatally stabbed 19-year-old university students Mr Webber and Ms O'Malley-Kumar as they walked home from a night-out in the early hours of June 13 last year, before killing 65-year-old Mr Coates and stealing his van.
He then used the vehicle to knock down three pedestrians - Wayne Birkett, Marcin Gawronski and Sharon Miller - in Nottingham city centre before being arrested.
Lawyers for the Attorney General's Office at the hearing argued that Calocane's "extreme" crimes warranted "the imposition of a sentence with a penal element, an element of punishment".
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Barristers for Calocane said that changing his sentence to a hybrid order would mean he would be "punished for being mentally ill".