Tuesday, 2nd December 2008

GP Opinion

Appeal just added to family pain

EIGHTEEN months ago, two young men squared up to each other in Town in an altercation that would leave one on the ground dying from stab wounds and the other facing a 13-year term in prison for murder.

What brought this heartbreaking tragedy back into the public gaze was Craig Rouget’s unsuccessful appeal against conviction - his counsel was seeking a downgrading of the offence to manslaughter - and possibly a more lenient sentence.

But it was an ultimately futile attempt that has brought back terrible memories for the Dean family, again forced to confront the death of their son.

As the Crown advocate put it this week, if the alleged trial misdirection underpinning the appeal was that serious, why wasn’t it raised at the time?

For most islanders, this looks like an opportunistic appeal. Rouget had nothing to lose and what’s a few thousand pounds for potentially shedding the label, ‘murderer’?

The family and friends of the victim, however, will view it very differently.

While the court may have been sifting the evidence in a forensic manner, the family were re-living the night-time phone call and a desperate race to return to Guernsey from holiday to discover the full horror of what had happened to their son.

And Rouget’s court steps apology by proxy is scant comfort for what they - and their late son - have endured.

The words might have been sincere and well meaning but nevertheless have a hollow ring in this context. If Rouget had truly been remorseful, he would not have appealed. Doing so might have been perfectly proper in law but the decision to go ahead was taken in the knowledge that it would prolong the grief and grieving of a family already devastated.

Murdering James Dean was an ultimately selfish act and this week’s hearing - whether intentional or not - extends it.

As the police officer leading the investigation put it, these events have changed the lives of two local families forever.

Ultimately, here are no winners in this case.

Article posted on 2nd April, 2008 - 2.00pm

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