NEWS: Early release "ridiculous"

By Mark McLaughlin
Edinburgh Evening News
March 31, 2008

THE family of a grandfather who was kicked and beaten to death have reacted with fury after a judge suggested his killer might be let out of jail early.

Neil Duffy, 62, died in agony four days after being attacked by John Lindsay, 25, in an Edinburgh street. The burly security guard was enraged after he claimed Mr Duffy gave him a V-sign.

Lindsay, formerly of Niddrie Marischal Crescent, was found guilty of culpable homicide and sentenced to eight years.

His bid to have that sentence cut was rejected by appeal judges last week, despite references attesting that he was a "model prisoner". However, Lord Nimmo Smith, sitting with Lord Reed, said Lindsay's continued good behaviour could lead to an early parole.

Mr Duffy's family today called the judge's comments "ridiculous" and said Lindsay should serve "the full eight years and more". Daughter Debbie Betts, 35, of Niddrie Marischal Street, said: "It should be like America where it's a-life-for-a-life. They should bring back the death penalty. The judge effectively said Lindsay had a cheek even appealing such a short sentence in the first place, given that the injuries he inflicted led to the death of my dad.

"How can he get out early? He killed a man - it's ridiculous."

Mr Duffy died in agony four days after the beating from Lindsay, 25, in Niddrie in January 2006. Doctors failed to spot that the retired painter and decorator was slowly bleeding to death from a ruptured spleen.

His widow Jeanette, 64, said today: "Even if [Lindsay] did get sentenced to culpable homicide, at the end of the day that man killed my husband. He's ruined our lives and robbed our grandchildren of the grandfather they loved."

On Thursday, defence QC Gordon Jackson told the Court of Criminal Appeal in Edinburgh that if it had not been for the medical failure, Lindsay's assault would not have been a High Court matter. The lawyer also argued that the judge who jailed Lindsay had treated it as an attack "out of the blue". In fact, he said, there had been a history of animosity between the Lindsay and Duffy families.

Mr Jackson also produced references - including one from a prison officer - to claim Lindsay was a hard-working father who had planned to go to university.

Lord Nimmo Smith said: "We have also noted the progress in custody, which is satisfying to note, and may give rise for hope that he will qualify for parole earlier than would otherwise have been the case."

During his trial in July last year, Lindsay - 5ft 8in and 14 stone - claimed he was acting in self defence against 5ft 3in and short-sighted Mr Duffy. He said the grandfather "stuck two fingers up and started laughing" as he drove past him, so he leapt from his black 4x4 Mitsubishi and began punching and kicking him.