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Racist killers have jail terms cut

VICTIM: Bapishankar Kathirgamanathan died following a brutal and unprovoked attack
VICTIM: Bapishankar Kathirgamanathan died following a brutal and unprovoked attack

TWO thugs jailed for life for the racist murder of a young Sri Lankan have won a cut in the number of years they must spend behind bars before being considered for parole.

James Rossiter, 23, of London Road, Ashford, and Tony Pile, 20, of Bailey's Field, Ashford, were sentenced to life after they were convicted of the murder of Bapishankar Kathirgamanathan at Maidstone Crown Court in January this year.

It was ordered they must spend a inimum "tariff" of 25 years each behind bars before they can be considered for parole.

But Lord Justice Hooper, sitting with Mr Justice Leveson and Mr Justice Calvert-Smith at London's Appeal Court, on Friday ruled those tariffs should be cut to 21 years.

The judge said Mr Kathirgamanathan was with a friend on a footbridge in Ashford when the attack happened on April 22 2004.

The court heard Rossiter and Pile had drunk eight to 10 pints each in the nearby Swan pub at lunchtime and were in an "aggressive" state of mind.

Witnesses said they heard the men swear and racially abuse the 24-year-old Sri Lankan chef, known as Sebastian, and his friend.

Workers in a nearby office block and passers-by saw what was happening.

One witness described seeing the victim's head kicked "like a football" and a woman who tried to intervene was told she would be "raped".

The judge said they punched their victim in the head before kicking him to the ground and, not content with that, they continued to kick him in the body and around the head until he had stopped moving. They then stamped on his head.

The sentencing judge had described the attack as "brutal, vicious and unprovoked". He also said it was racially motivated.

But lawyers on the two racists' behalf on Friday argued the tariffs meted out were simply too long in view of Pile's relative youth and Rossiter's lack of previous convictions.

Agreeing to cut their minimum terms, Lord Justice Hooper said: "We have come to the conclusion that the period before they should be eligible for parole should be cut to 21 years."

However, the judge did emphasise that this should "not diminish the horrific crime these men have committed or the sympathy for the victim".

He concluded: "These sentences are the equivalent of a 42-year determinate term each and are no indication of how long they will actually serve."

Even once their tariffs are expired, the pair will only be released if they can satisfy the parole board they pose no public danger. Once released, they will remain on "life licence" for the rest of their days, subject to recall to prison if they put a foot wrong.

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