THE parents of a young soldier who was killed by a single punch spoke of their heartbreak last night after learning that their son’s killer is to be released – after serving only 15 months in jail.
Freddy and Linda Gibson told of their shock at being informed that John Flannigan, who was sentenced to two-and- a-half years, is due to leave custody this weekend.
The length of his sentence, for manslaughter, prompted The Northern Echo to launch its Price of a Punch campaign, demanding tougher penalties.
The Gibsons spoke out on the same day 20-year-old Aaron Hayes was jailed for four years for the one-punch manslaughter of popular father- of-two Spencer Freeman, 42, outside a pub in Middlesbrough.
Mr Freeman was knocked down by a single blow, cracked his skull on the pavement and died hours later.
The Gibsons’ 19-year-old son, Andrew, was punched by Flannigan while having a final night out in Darlington before returning home to Scotland for Christmas, in December 2009.
Andrew, who was based at Catterick Garrison, North Yorkshire, would have been sent to Afghanistan a month later. He died in hospital six days after the attack in Escapade nightclub.
Mr Gibson, from Cumbernauld, Glasgow, said yesterday: “My wife and I just think that it does not seem that long since our son was killed. It’s not even two years.
“Meanwhile this lad has served his time and will be freed this weekend. We are still serving our time. It’s like a life sentence. My wife still sits up in his room and cries.
“One year and three months is nothing.”
Mr and Mrs Gibson revealed for the first time that their son’s girlfriend was pregnant at the time of the attack and was waiting to tell Andrew that she was expecting his baby the following summer.
Mr Gibson said: “That young girl will grow up and never know her dad. All we can give her is pictures and memories.”
At Flannigan’s sentencing, Teesside Crown Court heard there had been an argument near the dance floor. Minutes later, the Darlington teenager, who had turned 17 less than a month before the attack, walked up behind the soldier and punched him in the back of the head as pay-back.
Mr Gibson claimed his son had tried to be peacemaker between two other people in the nightclub who had become quite agitated.
He said: “My son has never been in any trouble. He is quite a calm fellow. He tried to cool down the situation.”
Mr Gibson called the sentence an absolute disgrace, and compared it to lengthier terms handed down for shoplifting during the London riots in August.
A Ministry of Justice spokesman could not confirm details of individual cases.
He said: “The maximum sentence for manslaughter is life imprisonment.
“In 2009, the Court of Appeal ruled that it is not realistic to treat cases of one punch manslaughter identically as the circumstances of each case vary.
“Sentencing decisions are therefore based on the individual circumstances of each case and each offender.”
The Northern Echo launched its Price of a Punch campaign to demand tougher sentences for one-punch killers after Flannigan’s case.
A spokesman for the Sentencing Council, which changed its guidelines for assault cases, said there were no plans to look at manslaughter cases.
The Attorney General, who has the power to ask for sentences to be referred to the Court of Appeal, denied a call by the Crown Prosecution Service to look into the sentence against Flannigan, because his term fell within the guidelines.
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