Prison thought missing criminal was serving six years not 11

Mar 10 2008 by Martin Shipton, Western Mail

BOSSES of an open prison from which a violent criminal absconded have told an MP that, so far as they were concerned, the prisoner was serving a six-year term instead of the 11 years he was sentenced.

Monmouth MP David Davies says he was astonished to learn that Andrew Phillips – who failed to return to Prescoed Prison near Usk after a period of leave – was being lined up for release in October, despite being sentenced to 11 years in 2005.

Phillips, who was 37 at the time he was sentenced, punched BT worker Charles Barker, 50, in the head, and as he lay on the floor, rifled his pockets and stole his wallet. Mr Barker, a man described as “kind and caring”, suffered a brain haemorrhage and spent a long period in hospital, taking his first steps six months after the attack.

When Phillips of Cardiff was sentenced at the city’s crown court, police said they were pleased it had been recognised that such a violent man needed to be taken off the streets in order to protect the public.

But after Phillips, who had 101 previous offences and is still at large, failed to return to Prescoed last week, it became clear that he had been transferred to an open prison much sooner than might have been expected.

Mr Davies said, “I am extremely concerned about this case and contacted the prison authorities to see why he was in Prescoed at all. Normally, open prisons are used to acclimatise long-term prisoners to the outside world in the period up to their release. In this case, given the very serious nature of the attack and the length of sentence passed at Cardiff Crown Court, it seemed extraordinary that he was in there.

“I have been told by the prison that so far as they were concerned, he was serving not 11 years, but six years. With remission, he was due to be released in October.

“I am astonished by this, as I have seen the press reports of the time and I am not aware of his sentence having been reduced on appeal.

“I have now written to Jack Straw, the Minister of Justice, asking for an explanation.”

Mr Barker was targeted by Phillips at night near his home in Cardiff Bay after a night out with friends at Cardiff University’s Sports & Social Club.

Philips approached Mr Barker on a bicycle, punched him hard to the head and he fell with his eyes rolling. As he lay there his pockets were rifled and his wallet stolen.

Police and ambulance staff were called in the early hours when a woman returning home found him lying unconscious on the pavement. There was no obvious external injury but blood was coming from one ear. A brain scan showed Mr Barker was haemorrhaging. He was transferred to intensive care.

Phillips admitted robbery and grievous bodily harm. When he was arrested, he told police, “I might be doing life for this.”

Judge John Griffith Williams QC told him, “This was clearly premeditated and the worthy life of a 50-year-old man of considerable achievement has been ruined.”

Passing the 11-year sentence, he said six years would be spent in custody and the remainder on extended licence. It now appears the six-year period in jail has been reduced substantially.

After the court hearing, Detective Inspector Andy Davies said, “Phillips is an extremely violent man, with numerous previous convictions for violence.”

A spokeswoman for the Ministry of Justice said, “Our position has always been to safeguard the public. Any transfer to open conditions would be on the basis of a rigorous risk assessment.

“Prison governors actively manage the risk posed by prisoners. Any prisoner whose behaviour causes concern that he/she cannot safely be managed in an open prison will be returned to closed conditions.”