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Freed to murder by flawed system Freed to murder by flawed system
(about 6 hours later)
By Jon Kelly BBC News Russell Carter had been jailed twice for armed robbery in the USBy Jon Kelly BBC News Russell Carter had been jailed twice for armed robbery in the US
Lorry driver Russell Carter has been convicted of murdering his boss and trying to kill three other men - but the authorities have been criticised for failing to spot his violent past in the US.Lorry driver Russell Carter has been convicted of murdering his boss and trying to kill three other men - but the authorities have been criticised for failing to spot his violent past in the US.
It was a shocking crime - and one critics argue could have been prevented.It was a shocking crime - and one critics argue could have been prevented.
On Friday, a jury decided Carter, 52, from Rumney, Cardiff, had throttled Kingsley Monk to death before trying to kill three other employees at the Driverline 247 recruitment agency in Pontypool, Gwent. On Friday, a jury decided Carter, 52, from Rumney, Cardiff, had throttled Kingsley Monk to death before trying to kill three other employees at the Driverline 247 recruitment agency in Pontypool, Torfaen.
Mr Monk, 45, Robert Lewis, Nathan Taylor and Gethin Heal, had all been gagged and bound by Carter. Mr Monk, 45, Robert Lewis, Nathan Taylor and Gethin Heal had all been gagged and bound by Carter.
Breached his paroleBreached his parole
But it was only after the trial was under way UK authorities actually discovered he had breached his parole for a disturbingly similar crime in the United States.But it was only after the trial was under way UK authorities actually discovered he had breached his parole for a disturbingly similar crime in the United States.
There is a gaping loophole here David Davies MP Driver strangled boss in office Violent history of boss's killerThere is a gaping loophole here David Davies MP Driver strangled boss in office Violent history of boss's killer
Hywell Hughes, for the prosecution, told Newport Crown Court that in September 1985, Carter had held up a bank in California and tied up staff.Hywell Hughes, for the prosecution, told Newport Crown Court that in September 1985, Carter had held up a bank in California and tied up staff.
Carter, who was also convicted of armed robbery in 1979, was sentenced to 20 years over the incident.Carter, who was also convicted of armed robbery in 1979, was sentenced to 20 years over the incident.
He also had a 1979 conviction for first-degree aggravated robbery using a shotgun in Utah.He also had a 1979 conviction for first-degree aggravated robbery using a shotgun in Utah.
Carter, who left the UK at the age of five, had dual US-British citizenship and when he was released from prison in 2000 he returned to the country of his birth, breaking the terms of his parole.Carter, who left the UK at the age of five, had dual US-British citizenship and when he was released from prison in 2000 he returned to the country of his birth, breaking the terms of his parole.
Judge Nicholas Cooke told jurors it had only been possible to confirm Carter was a "parole-breaker" with US authorities once the trial had begun.Judge Nicholas Cooke told jurors it had only been possible to confirm Carter was a "parole-breaker" with US authorities once the trial had begun.
"Before then, the authorities here did not have knowledge that a parole breaker from the USA, who had committed two serious offences, was in our midst," the judge added."Before then, the authorities here did not have knowledge that a parole breaker from the USA, who had committed two serious offences, was in our midst," the judge added.
The court was told that Mr Monk was throttled, probably with his own tieThe court was told that Mr Monk was throttled, probably with his own tie
It has emerged that there was no formal system of alerting the UK authorities to his background.It has emerged that there was no formal system of alerting the UK authorities to his background.
Unlike EU member states, which are required to inform each other in such cases, no arrangement exists with the US.Unlike EU member states, which are required to inform each other in such cases, no arrangement exists with the US.
David Davies, the MP for Monmouth, said it was astonishing countries with sophisticated legal systems like the UK and the US did not pool information.David Davies, the MP for Monmouth, said it was astonishing countries with sophisticated legal systems like the UK and the US did not pool information.
He said: "We are incredibly lax. There is a gaping loophole here.He said: "We are incredibly lax. There is a gaping loophole here.
"When people arrive in the UK from countries with a first-world infrastructure, it must surely be possible to subject them to criminal records checks.""When people arrive in the UK from countries with a first-world infrastructure, it must surely be possible to subject them to criminal records checks."
Fatally woundedFatally wounded
Disturbingly the case has echoes of another high-profile murder committed in the UK by a criminal with a violent past on the other side of the Atlantic.Disturbingly the case has echoes of another high-profile murder committed in the UK by a criminal with a violent past on the other side of the Atlantic.
In 1996 American bodybuilder David Bieber fled Florida with a fake passport after being implicated in the murder of his wife's lover.In 1996 American bodybuilder David Bieber fled Florida with a fake passport after being implicated in the murder of his wife's lover.
Carter's case echoes that of David BieberCarter's case echoes that of David Bieber
Seven years later he shot and fatally wounded Pc Ian Broadhurst in Leeds.Seven years later he shot and fatally wounded Pc Ian Broadhurst in Leeds.
When Bieber married a British woman in March 1997, weeks before his six-month tourist visa was due to expire, Home Office checks on his background failed to spot that his pseudonym, Nathan Coleman, belonged to a boy who had died decades earlier.When Bieber married a British woman in March 1997, weeks before his six-month tourist visa was due to expire, Home Office checks on his background failed to spot that his pseudonym, Nathan Coleman, belonged to a boy who had died decades earlier.
Dr Urfan Khaliq, a senior lecturer at Cardiff Law School, said anyone with dual nationality would have a legal entitlement to reside in either of their countries.Dr Urfan Khaliq, a senior lecturer at Cardiff Law School, said anyone with dual nationality would have a legal entitlement to reside in either of their countries.
He said there would be no transfer of data between the US and the UK in a case like Carter's because, with dual nationality, he need not apply for residency or a work permit in either country.He said there would be no transfer of data between the US and the UK in a case like Carter's because, with dual nationality, he need not apply for residency or a work permit in either country.
But a Home Office spokesman said it hoped to improve its communications with non-EU countries.But a Home Office spokesman said it hoped to improve its communications with non-EU countries.
He added: "Inside the EU member states are required to inform the member state of nationality where one of their nationals is convicted of a criminal offence within the notifying state's jurisdiction.He added: "Inside the EU member states are required to inform the member state of nationality where one of their nationals is convicted of a criminal offence within the notifying state's jurisdiction.
"For countries outside Europe, including the United States, there is no such formal mechanism but countries can choose to inform the country of nationality of prosecutions of their nationals through Interpol channels."For countries outside Europe, including the United States, there is no such formal mechanism but countries can choose to inform the country of nationality of prosecutions of their nationals through Interpol channels.
"Where this information is received by the UK authorities it will be entered on the police national computer and will therefore be available to the relevant agencies."Where this information is received by the UK authorities it will be entered on the police national computer and will therefore be available to the relevant agencies.
"We are seeking to make other arrangements with non-EU countries.""We are seeking to make other arrangements with non-EU countries."
But should the Home Office succeed in doing so, it will come too late for the family of Kingsley Monk.But should the Home Office succeed in doing so, it will come too late for the family of Kingsley Monk.