BBC News
A convicted
sex offender has been jailed for a minimum of 32 years for
raping and murdering a 10-year-old girl and murdering her mother.Thomas Smith, 26, lived next door to Diane Fallon, 43, and her daughter Holly in Cronberry in Ayrshire. Smith killed the pair in March last year then hid their bodies.
Judge Lord Turnbull told him: "You have set a benchmark of depravity below which it is difficult to imagine any other human being sinking."
The High Court in Glasgow heard that the 26-year-old former soldier was on the sex offenders register after a sexual offence against another 10-year-old girl in Teesside in northern England in 2006.
Strathclyde Police said it was carrying out a full review of how Smith was managed.
Diane and Holly Fallon were missing for 11 days before police discovered their bodies after a massive search operation.
The court was told that Smith strangled them with a cable from a games console, using a technique he perfected while in the army.
Speaking after the sentencing, relatives of Diane and Holly Fallon described Smith as "evil personified".
Mrs Fallon's sister, Deborah Weir, said: "There are no words in the human vocabulary which can describe the evil that stood in the dock today.
"He has taken the lives of two innocent people, in a most brutal and horrific manner.
"Diane, a loving mother, daughter, sister and aunt and Holly, a beautiful sister, granddaughter, niece and cousin.
It went on: "Their loss has had a huge impact on us as a family. Our lives will never be the same again, there will always be something missing.
"We believe that justice has been done for Diane and Holly, and we can take some comfort in the knowledge that he's going away for a very long time."
Derek Ogg QC, prosecuting, said Mrs Fallon and Smith had a "platonic friendship" although she was unaware he was a registered sex offender.
On the day of the killings Smith was celebrating his birthday and exchanged texts with Diane Fallon arranging to play on his new pool table at his flat.
Mr Ogg said the last entry in Holly Fallon's diary was about the visit.
It read: "Dear diary, I am in Tom's house. My mum and he are playing snooker. I want to play and I hope I can. Love you, bye."
Just hours later Smith, a former private in the Royal Logistics Corps, murdered the pair.
The court heard that the head teacher at St John's Primary in Cumnock became concerned when Holly failed turn up for classes.
A friend of Diane Fallon reported to police that the pair were missing.
It soon became evident that unemployed Smith was the last person to see them alive.
The former soldier later confessed to his father that he had "accidentally" murdered the pair, claiming that Diane had come at him with a knife.
Holly Fallon's body was found hidden under stones in a river. The body of her mother was discovered in undergrowth outside the village of Craigens.
Speaking after the conviction, Geri Watt, area procurator fiscal for Ayrshire, said: "Exactly what happened to Holly and Diane in their final few hours is still unclear, but the evidence shows that Smith subjected each of them to a prolonged and terrifying attack and committed serious sexual assaults against them.
"It has been very important to all of us in the prosecution service to ensure that he was brought to justice for these truly horrific crimes."
Det Chf Supt John Mitchell of Strathclyde Police said it was "only right" that the force conducted a review into the management of Thomas Smith.
He added: "We shall be sharing the content of this review with the family and then submitting it to an independent, multi-agency process.
"If lessons can be learned from this case, rest assured they will be."
"This was a despicable crime that has devastated a family and shocked the community of Cronberry as well as the rest of the country.
Passing a life sentence, Lord Turnbull said Smith would have to serve at least 32 years in prison before he could apply for parole.
He added: "What you did to each of your victims is to my mind more properly described as sadistic torture.
"You told nothing like the truth about how each had been murdered.
"Even in these courts, where we here see the worst of humanity, your conduct stands out as exceptional."
As Smith was led away, there were shouts of "rot in hell" and "hope you are tortured in prison as you tortured them" from the public gallery.
Lord Turnbull's sentencing statement in full
“You have chosen not to say what you did to this mother and daughter. You have also chosen not to say why you did these terrible things.
The consequence is that their friends and family members will for ever be left with the torment of imagining what could have happened to cause such appalling injuries and in what order the various events took place.
In particular they will be left with the dread that Holly may have known of her mother’s fate and may have been kept alive and abused for some time after her mother was killed.
Ordinary language cannot adequately describe the level of violence which you engaged in. To say that you sexually abused each of your victims would be to cloak your conduct in a veneer of understatement which disguises the true nature of your activities.
What you did to each of your victims is to my mind more properly described as sadistic torture.
I will take what account I can of the fact that you accepted your responsibility in a general sense from an early stage. Although it is perfectly obvious that you told nothing like the truth about how they had been murdered.
However even in these courts, where we hear and see the worst of humanity and where acts of depravity and atrocity are regularly described, your conduct stands out as exceptional.
In perpetrating these crimes you have set a bench mark for atrocity below which it is difficult to imagine any other human being sinking. The sentence which is imposed must mark that fact.
The sentence for murder is fixed by law as life imprisonment. Most people who are sentenced to life imprisonment become eligible to be released on parole at some stage.
Whether you will ever be released, or whether you will serve your whole life in prison is not for me to determine. That will be a matter for the Parole Board and the relevant Government Minister.
What I must do though is set a minimum period which must pass before you will ever even be entitled to apply for parole. That period is known as the punishment part.
In fixing that period I take account of the terrible physical injuries inflicted by violence on each victim.
I take account of the fact that you took two lives, one being only a child.
I take account of the sexual torture inflicted on each victim, including the anal and vaginal rape of the 10 year old girl.
I take account of the fact that you disposed of their bodies in the most callous fashion imaginable.
As set against these features the mitigation offered on your behalf is slight indeed.
One each charge I will impose a sentence of imprisonment for life. These sentences will run concurrently and date from 9 April 2009.
On each charge I would have imposed a punishment part of 35 years in prison. Given the fact that you have pled guilty I am obliged to consider restricting that to reflect your plea and the utilitarian value which it represents.
Given the history of this case I will restrict the appropriate punishment part on each charge by a period of three years, meaning that the punishment part imposed on each charge is 32 years”.
See also:
Inquiry after judge jails sex abuse case witness who tried to flee court
Police rapist's pension bid fails
Outrage over 150 danger men freed to strike again
The Hon Lord Turnbull (Alan Turnbull)
|
Readers please email comments
to: editorial AT martinfrost.ws including
full name
Return to Home Page |
||
| Note: martinfrost.ws contains copyrighted material, the use of which has not always been specifically authorized by the copyright owner. We are making such material available to our readers under the provisions of "fair use" in an effort to advance a better understanding of political, economic and social issues. The material on this site is distributed without profit to those who have expressed a prior interest in receiving it for research and educational purposes. If you wish to use copyrighted material for purposes other than "fair use" you must request permission from the copyright owner. |