Peter Cockshutt's killers could evade lengthy sentence

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Friday, February 12, 2010
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This is HullandEastRiding

Two teenagers who have reportedly confessed to the murder of an East Riding grandfather at his Spanish retreat could escape justice.

Peter Cockshutt, 71, of Brandesburton, was found dead in a pool of blood at his villa in Costa Silencio, Tenerife, on Saturday night, in an apparent burglary gone wrong.

The retired electrician and grandfather-of-nine had been stabbed twice in the chest and once in the leg with a large knife.

According to reports in Spanish newspapers, a 14-year-old boy, from Chile, and a 16-year-old boy, from Uruguay, confessed to murder and robbery, at a closed youth court in Tenerife's capital of Santa Cruz, on Wednesday night.

They have now been detained at a youth detention centre, in Valle Tabares.

The 14-year-old boy reportedly admitted stabbing Mr Cockshutt, while the 16-year-old pinned him down.

But the Mail can reveal the younger offender could escape prosecution because of a quirk in Spanish law.

And, even if both boys are prosecuted, they would not automatically go to prison when they turned 18. Instead, they could be released.

Under Spanish law, the teenagers could also withdraw their guilty plea at any time.

Karl Mclaughlin, a British journalist, working in Tenerife, told the Mail: "There is some confusion over whether he (the 14-year-old) is of sufficient age to be prosecuted.

"The age at which you can be prosecuted in Spain is a grey area in the law.

"This story has shocked people in Tenerife and they are now calling for a complete change in the justice system to clarify what age people can be prosecuted."

The Juvenile Law 2000, which lays down the rules for youths aged 14 to 18, is vague, especially when it comes to the younger teenagers.

Alfonso De Ramos, a lawyer specialising in under 18s criminal law, explained: "If the children are liable, then there are several options open to the prosecutor.

"There could be a penalty or punishment, but it depends on what is best for the child.

"If it is serious, they can be prosecuted and could face penalties, or they could look at other sanctions.

"If they have been affected by their environment or family, they may just be taken away from their family, for example."

Mr Cockshutt's family have been shocked by the anomaly in the law.

His Janice Hackett, 48, of east Hull, told the Mail: "I don't know what I am feeling about that. It is a bit much to take onboard.

"We are just pleased they have arrested someone.

"It has made it a lot easier for mum to go out there, knowing the people believed to have done this have been caught.

"Mum is going out there, and when she does, I think it will hit home big time.

"It has all seemed a bit surreal over here."

Mr Cockshutt's devastated wife of 53 years, Patricia, had flown back to the UK on Saturday afternoon, to oversee repairs at the couple's East Riding home.

She became frantic with worry when she could not contact her husband for 48 hours and asked a friend to drive from the other side of the island to check he was okay.

When the friend entered the house, he found Mr Cockshutt dead on the settee.

Two windows in the villa had been smashed and the house had been ransacked.

Police sources said the teenagers' fingerprints were apparently found at the scene, but no weapon had been recovered.

The two offenders were taken back to the villa on Wednesday to a reconstruction of the murder, as is usual in Spain.

Local newspapers reported that teachers at their school in Las Galletas had described them as "bad eggs" and that there was "trouble coming".

According to reports, they were members of a South American gang in the area and "out of control".

Social services in Spain have apparently issued a statement admitting the 16-year-old had been under supervision, but had not been considered a "high-risk".

The prosecution service in Spain could now take several weeks to prepare for the next court hearing.

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21 Comments

  • Profile image for This is HullandEastRiding

    by Glenroy, Hull

    Monday, February 15 2010, 11:33AM

    “Sam, Hull ,have you been drinking ?”

  • Profile image for This is HullandEastRiding

    by Sam, Hull

    Sunday, February 14 2010, 11:22PM

    “Oh for god's sake grow up.

    Are we supposed to take the word of the police and the prosecuting authorities as gospel and convict the pair without a proper trial.

    What other cretinous nonsense are you going to come out with next? "There's no smoke without fire"?

    I'll defend anybody's right to a fair trial and a presumption of innocent until proven guilty. Get your heads out of your ar$es for five minutes and you'd realise what a lot of b0llocks you're spouting.

    And look up 'immigrant' in the dictionary while you're at it or is it only foreigners (ie non british) people who can be immigrants?

    Fog in channel - Continent isolated.”

  • Profile image for This is HullandEastRiding

    by Gerry, Hull

    Sunday, February 14 2010, 2:24PM

    “Sam - you're the moron. The lads have confessed so they don't need to be proved guilty.”

  • Profile image for This is HullandEastRiding

    by George, Hull

    Sunday, February 14 2010, 9:13AM

    “Sam

    The discussion about immigrants started because Pete seemed to believe that, because Chile and Uruguay are ex-Spanish colonies, the boys weren't immigrants and the point about their teachers - which is very valid - is that they wern't there on holiday..

    As for them being innocent until proven guilty, how much do you know about Spanish Law? And why would you possibly want to stick up for them?”

  • Profile image for This is HullandEastRiding

    by Glenroy, Hull

    Saturday, February 13 2010, 12:49PM

    “Sam, Hull ,yes please ! would you do me one of murder scene and a picture of the two filthy scumbags who killed this harmless chap,you know the two you seem to be defending.”

  • Profile image for This is HullandEastRiding

    by Sam, Hull

    Friday, February 12 2010, 11:45PM

    “This story is a load of garbled rubbish typical of the shabby, sensationalist journalism which dominates the HDM.

    For a start off the two accused are innocent until proven guilty and for a second thing the opinions of teachers have nothing to do with anything.

    If this case were in the UK and the HDM published half ars*d cobblers like this they would be in contempt of court for prejudicing a fair trial.

    As for the morons harping on about immigrants...

    The victim was from the East Riding (Which is in England if you hadn't noticed) and his villa / retreat was in Costa Silencio (Which is in Tenerife, a Spanish colony 300km off the coast of Morocco and about 3000km from Hull).

    Do I need to paint you a picture?”

  • Profile image for This is HullandEastRiding

    by rp, Hull

    Friday, February 12 2010, 10:24PM

    “What a poor headline, the HDM seems to know nothing about Spanish juvenile law - why should they. The person they quote doesn't seem to know much either. Shame, this is a serious matter, frivolous headline grabbing is not required.”

  • Profile image for This is HullandEastRiding

    by Arthur, Ezzle Road

    Friday, February 12 2010, 9:39PM

    “1. Pete is right - we are related to Australians and Canadians and I'd sooner have a political and economic union with them than the EU.

    2. Tekkin a lag sums it up quite nicely and I agree with him.”

  • Profile image for This is HullandEastRiding

    by Tekkin' a lag @, Queen Vicky Bogs

    Friday, February 12 2010, 5:35PM

    “There really isn't much to say about this. A sad state of affairs all around. If they are the guilty ones, punish them to the max - as adults! It's a pity they can't sentence them to prison in a Turkish or Iranian jail! No Wallyworld tactics there, they know how to treat scumbags!”

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    by fran, Spain

    Friday, February 12 2010, 4:07PM

    “It's utter nonsense to say the age of criminal responsibility is a grey area in Spain. It is covered by the Law of Penal Responsibility for Minors, which states clearly that the age of criminal responsibility is 14.
    The same law gives clear and precise rules for sentencing youths aged 14 to 18 for varying offences. There is absolutely nothing vague about it.”

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