Police failed to take full toxicology test samples from triple killer Valdo Calocane that could have led to him being handed a stiffer sentence – but they did test his victims, a report has claimed.
Paranoid schizophrenic Calocane, 32, was last week handed an indefinite secure hospital order after the CPS accepted a manslaughter plea for the stabbings in Nottingham in the early hours of June 13 last year
He killed students Grace O’Malley Kumar and Barnaby Webber, both 19, and school caretaker Ian Coates, 65, in his knife rampage and attempted to murder three others by running them over with a van.
It has now been claimed that Calocane refused to give blood and urine and that police forensic teams allegedly did not take samples of his hair.
These tests would have shown if he had taken any drugs or alcohol.
If tests had found drugs in his system, Calocane could have been handed a harsher sentence for the killings of Mr Webber, Ms O’Malley Kumar and Mr Coates.
Their families have also faced anguish as they discovered that toxicology samples were taken from the bodies of all three of them, The Sun reports.
Evidence of drugs or alcohol in their bodies could have led to their killer having a legal riposte by arguing self-defence.
This comes after the Attorney General ordered an independent review into the CPS decision to accept Nottingham triple killer Valdo Calocane’s guilty pleas to manslaughter by reason of diminished responsibility.
The Sentencing Council guidelines for manslaughter by diminished responsibility, the crime Calocane pleaded guilty to, must consider the culpability when passing a sentence.
The guidance reads: ‘The degree to which the offender’s actions or omissions contributed to the seriousness of the mental disorder at the time of the offence may be a relevant consideration.
‘For example: Where an offender exacerbates the mental disorder by voluntarily abusing drugs or alcohol or by voluntarily failing to seek or follow medical advice this may increase responsibility.’
The guidance adds: ‘The fact that an offender is voluntarily intoxicated at the time of the offence will tend to increase the seriousness of the offence provided that the intoxication has contributed to the offending.
‘This applies regardless of whether the offender is under the influence of legal or illegal substance(s).’
If responsibility is deemed high, a life sentence with a minimum of 40 years in custody can be given.
Speaking after the sentence, Grace’s father Dr Sanjoy Kumar said: ‘Whilst we have never questioned this man’s diagnosis, the lack of toxicology, contemporaneous mental health assessment as well as missed opportunities to divert his lethal path will forever play on our minds and this requires further review.
‘We will look for answers regarding missed opportunities to intervene and prevent this horrendous crime.’
Nottinghamshire Police told The Sun: ‘It wouldn’t be appropriate to make any comments until the review is carried out and the findings reported.’