London:
A review into the “unduly lenient” sentence of a 32-year-old man who killed teenage Anglo-Indian medical student Grace O’Malley Kumar and two others in Nottingham last year concluded on Monday in conclusion. It was recommended that the government consider reclassifying the case as a homicide.
The Crown Prosecution Service Inspectorate (HMCPSI) said in its independent review that the Crown Prosecution Service complied with the law and met its obligations to the family. But the case also highlights areas where the families could have been better supported during an “extremely difficult process”.
“This was a horrific and tragic case. Waldo Caloocan brutally murdered three innocent people and violently assaulted three other victims. My heart goes out to everyone involved in this devastating moment. Tragic cases of people coming together,” Chief Inspector Anthony Rogers said.
“Dealing with the death of a loved one in such horrific circumstances is unimaginable, but having to deal with the criminal justice system at a time of heartbreak and grief adds further challenges. To better support victims and increase public trust, we are calling for The Government is considering changes to the Homicide Act, reviewing the support provided to victims of crime in such serious cases and providing further clarity on the role of victims in the criminal justice system,” he said.
Kumar, 19, a medical student, was returning to college with her friend Barnaby Webber, also 19, when she was accosted by Calocane, who then murdered the school administrator nearby. Ian Coates. Calocane was sentenced to a hospitalization order and restraining order on January 25 under sections 37 and 41 of the UK Mental Health Act 1983.
The attorney general’s office said the case received numerous referrals from the public for excessive leniency on sentencing day, which led government law enforcement officials to re-examine Caloocan’s sentence for manslaughter and attempted murder with diminished responsibility.
On January 30, Attorney-General Victoria Prentis asked HMCPSI to conduct a rapid, independent review of the Crown Prosecution Service’s operations in light of concerns raised by victims’ families.
The inspection found the CPS made the right decision to charge Calocane with three counts of murder and three counts of attempted murder in relation to the incident on June 13, 2023. The CPS also made the right decision to accept Calocane’s guilty plea to manslaughter. Due to diminished responsibility and attempted murder of the three surviving victims.
While inspectors found the CPS met its obligations to families under the Bereaved Families Plan and the Victims’ Code of Conduct, there were areas where the CPS could “improve its engagement with families”.
The inspection noted that the families felt “unsupported and secondary” throughout the process, with HMCPSI suggesting further clarification was needed.
It also recommended that the government consider whether homicides should be classified into three levels: first-degree murder, second-degree murder with diminished responsibility and manslaughter. Under this system, recommended by the Law Commission in 2006, the unlawful killing in this case would have been classified as murder (albeit second-degree murder) rather than manslaughter.
Director of Public Prosecutions Stephen Parkinson said: “It is difficult for the Crown Prosecution Service to make decisions in such tragic and complex circumstances but must always act independently and professionally.
“I believe our team achieved this on this case with great dedication and commitment. I thank the Inspectorate for its care and thorough review of our operations. We will carefully consider the report’s findings.” To police and other investigations into the conduct of mental health staff in connection with the case are still ongoing.
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