" Never to be released " !

It is the job of a court of appeal to " second guess " the ruling of a trial judge in the light of " changed circumstances ".     What those "changed circumstances  " mean is open to interpretation.   In many cases it seems that a change in public attitude caused by the passage of time is sufficient reason to vary the sentence given.      Such a case is now before the court.

On November 7, 1973 two young men kidnapped a woman from an isolated farmhouse and over a period raped, tortured and eventually murdered her.   When they were caught and put on trial the judge ordered suppression of the evidence because the details were " too grisly " to appear on the public record.  That suppression order still stands.

The judge described the ordeal suffered by the victim so extreme that the perpetrators were " worse than animals ".    The statute of " death by hanging " having been removed from options - he delivered the harshest penalty available to him - to be held in prison - " Never to be released ".

One of these murderers - now 64 years old - has gained the right to have his sentence reviewed.   Under the " Truth in sentencing " law of 1989 he was automatically  eligible for parole in 2003, but each request has been denied.   Now that denial will be questioned at law.

This is a matter which will raise a very mixed reaction from the public.   Many people will resent interference with the decision of a judge who heard the evidence - and lived with the anguish of those who attended the trial.   Others will rightfully claim that we must review punishment from time to time - and that if extreme punishments such as hanging and flogging are removed from the statute books, then perhaps " never to be released " has long passed it's " use by date ".

Whatever the outcome, it will still deliver anguish for many.    There are  relatives of the prisoner who would welcome his release - and there are relatives of the victim who can never forgive the terrible crime he committed.

What we will never know -  is to what extent that perpetrator now feel remorse !