Killer locked up in mental hospital

Dec 22 2007 by Caroline Innes, Liverpool Daily Post

A MAN who murdered a bus passenger when he should have been in police custody was last night sent to Broadmoor psychiatric hospital indefinitely.

Anthony Joseph, 23, should have been behind bars when he attacked Richard Whelan but he was released after a blunder by police and the prison service.

He was freed from custody just hours before he stabbed the 28-year-old hospitality agent seven times on the top deck of a north London bus and left him dying .

Joseph was on bail in London after he was charged with burglary by Merseyside Police on May 18, 2005.

When he failed to appear for a hearing at Liverpool Crown Court on June 27, a warrant was issued for his arrest.

But Joseph had been arrested two weeks earlier on June 10 in London accused of abduction and having sex with a 15-year-old girl, and was in custody at Forest Bank young offenders’ institution in Manchester.

While he was in custody, arrangements were made to take him to Liverpool for August 3.

But when the sex allegation was dropped on July 29, four days ahead of the transfer, a tragic communication breakdown allowed his released and return to London where he repeatedly stabbed Mr Whelan in the abdomen before inflicting a fatal wound to his heart.

Last night, a Merseyside Police spokesperson said the Force was content that it had acted properly in this case.

In a statement, Merseyside Police said: “We have reviewed the circumstances surrounding the issuing of a warrant at Liverpool Crown Court against Anthony Peart, also known as Anthony Joseph, for a burglary offence in Liverpool.

“His details were circulated on the Police National Computer within 24 hours of his non-attendance at court in Liverpool as policy requires us to do.”

Joseph admitted manslaughter but two juries could not agree whether he was guilty of murder and the prosecution offered no further evidence.

He had told doctors he was “possessed” during the attack but later told one psychiatrist he was faking mental illness.

Joseph was last night told he posed “a danger to the public for a long time to come” before being detained in Broadmoor maximum security hospital indefinitely under Sections 37 and 41 of the Mental Health Act, 1983.

Joseph had started hurling chips at Mr Whelan’s girlfriend, Kerry Barker, on the 43 bus as it was travelling north along Holloway Road, north London, on July 29, 2005.

Miss Barker, 38, told the court: “Richard stood up and I turned round and they were fighting.

“I went over and I could see he was looking quite weak.”

carolineinnes