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Poll: Families anger as road menace Scott Nicholls is set to be released after serving ONE month in prison for killing Emma Harold and Kate Wasyluk

15:58 21 February 2013

Killer driver Scott Nicholls is set to be released this month

Killer driver Scott Nicholls is set to be released this month

Archant

A ROAD menace who killed two friends when he ploughed into them in Foxhall Road four years ago today is set to be released after serving just ONE month in prison, The Star can reveal.

Scott Nicholls was speeding and was over the legal alcohol limit with traces of heroin and ecstasy in his system when he crashed into Emma Harold, 26, her younger sister Beccy Rutter and 25-year-old Kate Wasyluk just yards from the entrance of St Clements in the early hours of February 21, 2009.

Emma and Kate were killed while Beccy suffered life-changing injuries.

The then 20-year-old, formerly of West Villa, Woodbridge Road, was detained under the mental health act at his trial at Ipswich Crown Court in September 2009.

His 12-year sentence was reduced by a third to eight years, taking into account his guilty plea.

Ministry: We understand your concern

In a letter to Kate’s father Leon Wasyluk dated October last year, Lindsay McKean, head of Mental Health Casework Section at the Ministry of Justice, said: “I understand the prospect of the release of Scott Nicholls will be of great concern to you.

“It maybe helpful if I set out some information about the management of offenders subject to s45A of the Mental Health Act 1983.

“The purpose of s45A is to ensure than an offender who needs treatment for a mental disorder remains in hospital for as long as this treatment is necessary.

“However, unlike a hospital order patient, who would be discharged from hospital as soon as treatment was no longer necessary, a person subject to s45A is also subject to a prison sentence.

“Therefore, once treatment in hospital is no longer necessary, the offender will be returned to prison to serve the remainder of the sentence.”

It is understood that Nicholls, though released, will not be allowed to return to Ipswich, Chelmondiston or Kesgrave.

He will be released on licence and liable to be recalled to prison for the next four years.

A Prison Service spokeswoman said: “Prisoners with severe mental disorders can be detained in secure psychiatric hospitals where they receive specialist treatment. They will be transferred to prison once they no longer need treatment.”

As the devastated families face the fourth anniversary of losing Emma Harold and Kate Wasyluk, they are plagued by waiting for “that” call – when the probation service will let them know Nicholls has been released.

Today Remy Wasyluk, the brother of Kate has called for a change in the law, demanding that criminals deemed unfit to serve in prison should be treated in hospital before released into prison to start their sentence.

He said the families are waiting for “that” call - one he hopes will not come today.

Echoing Mr Wasyluk’s anger, survivor of the horrific crash Beccy, said she is “cross” that Nicholls has “got off lightly with a lesser sentence”.

Mr Wasyluk, who lives in London, told The Star: “We have been told he (Nicholls) will be released at the end of February, we don’t know the exact date.

“I hope they (the justice system) wouldn’t be so ridiculously insensitive as to release him on the same day as the anniversary.

“It is very distressing for all the families, hearing this news as we all have to cope with the fourth anniversary.

“What makes it worse is he has only served just over one month in prison.”

Beccy, 29, added: “As a family we do try not to think too much about him (Nicholls), but knowing he has only served one month in prison, for taking two lives, makes me so cross.

“It feels like he has got off with a lesser sentence.

“Whether he was sentenced to eight or 20 years, he would be out one day with the opportunity of a second chance – a second chance Emma and Kate will never have.”

Mr Wasyluk, 31, added: “The law needs to be changed.

“If someone is detained in hospital, deemed too ill to go to prison, they should be treated and brought to a position where they are aware of what has happened, and what they have done.

“Then and only then should they be sent to prison to serve their sentence.

“In this case, he would have served a total of eight years, which is what he was ultimately sentenced to.

“It seems only yesterday this all happened and now we are four years on and he has served just one month in prison.”

“Four years in prison, we could have accepted whatever we felt about the length of sentence, but one month seems unjust.”

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12 comments

  • my dad and kate went out for 9 years , she was basically my step mum , that man should be put in for life , how dare they let him out !!!!! love you kate xx

    Report this comment

    arnie14

    Thursday, February 21, 2013

  • you can see why people drinkdrug drive with mickey mouse sentances like this. Life for a lifew. He should have two life sentances this crime and NEVER come out of prision. He should have to die in prision. He deserves no second chance

    Report this comment

    the opinion man

    Thursday, February 21, 2013

  • There's no justice in this whatsoever. How can those making these decisions sleep in their beds at night? I'd say more, but I'd incur the wrath of the moderator for contempt.

    Report this comment

    On Two Wheels

    Thursday, February 21, 2013

  • Why is Ipswich star such a discriminatory paper?? I put a comment in on this story and it gets kicked out. Nothing nasty just fact. It would seem the moderators on this paper are biased and only print what they want to see in the paper. It would seem they are not interested in fact or peoples comments, just what they want. Lets see if you are man enough to print this critisism.

    Report this comment

    pukkatrukka

    Thursday, February 21, 2013

  • my dad and kate went out for 9 years , she was basically my step mum , that man should be put in for life , how dare they let him out !!!!! love you kate xx

    Report this comment

    arnie14

    Thursday, February 21, 2013

  • Absolutely disgraceful. This individual got behind the wheel after drinking and taking drugs and then sped down a busy road taking the lives of 3 innocent young women. The original 12 year sentence was far too lenient for his despicable actions.

    Report this comment

    alittlebitwoolly

    Thursday, February 21, 2013

  • Thats sick, DO WE HAVE A JUSTICE?

    Report this comment

    an idea

    Thursday, February 21, 2013

  • I agree with other posters here. Twice I made objective comments on this story and twice they have been removed. Clearly this paper doesn't invite controversial comment. Shame the local press is no longer a free press.

    Report this comment

    Dopey Donkey

    Friday, February 22, 2013

  • My comments never get published either. The Evening Star probably support the Nicholl's family or are too scared to publish readers comments in case of retribution from them.

    Report this comment

    Suffolk 'tard

    Friday, February 22, 2013

  • How does the MoJ interpret s45A? QUOTE: “Therefore, once treatment in hospital is no longer necessary, the offender will be returned to prison to serve the REMAINDER of the sentence.” UNQUOTE. If he has served only ONE MONTH imprisonment and is already due for release, it would appear that they have counted 'time in hospital', as time served! Nevertheless, a double killing should mean a double sentence, there should be no discount for quantity.

    Report this comment

    Rolf

    Friday, February 22, 2013

  • Please remove me from this page as whatever I write this newspaper is as weak as water and is not interested in fact or following up on anything with a cutting edge

    Report this comment

    Joseph Marshall

    Thursday, February 21, 2013

  • Disgusting. Appalling. Never should he be out so early. And I agree with other peoples comments the Evening Star run scared on some peoples comments. You ask us to comment, it is a free country.

    Report this comment

    biggles the pilot

    Friday, February 22, 2013

The views expressed in the above comments do not necessarily reflect the views of this site

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