29 Nov 2013

Mairead Philpott loses appeal

Mairead Philpott, jailed for 17 years for killing her six children in a house fire, has an appeal against the length of her sentence rejected.

Court of Appeal judges, sitting at Nottingham Crown Court for a televised hearing, upheld the original jail term, to cheers from the public gallery.

The 32-year-old was jailed alongside husband Mick in April after being found guilty of the manslaughter of Jade, John, Jack, Jesse, Jayden and Duwayne Philpott, all aged between five and 13.

Mairead Philpott, who is likely to be released after serving half of her 17-year term, took part in a plot to set fire to the couple’s home in Victory Road, Nottingham in an effort to frame her husband’s former mistress.

Her barrister Shaun Smith QC said: “The essence is the utter dependence of Mairead Philpott on Mick Philpott, whilst not excusing culpability, legally or morally, was not given sufficient weight in assessing the length of her sentence.”

But the Lord Chief Justice of England and Wales, sitting with His Justice Flaux and Justice MacDuff said there was “no doubt” Mairead Philpott had loved her children but that as their mother she had a responsibility to them.

Mairead Philpott on her way to court

Lord Thomas dismissed Mr Smith’s claims that she could not stand up for herself against her husband, saying: “This was not a spur of the moment plan. The risks of pouring petrol inside a building must have been obvious.

“She participated in the setting of the fire as petrol was found on her clothes. Her conduct after arrest was one where she continued to maintain the lie that others were responsible. It may be that she was under the continuing domination of Michael Philpott.”

Philpott lost the first round of an appeal against the length of her sentence in July. Friday’s hearing was the first case outside London to be broadcast since legislation was passed to allow TV cameras into Court of Appeal cases.

Mick Philpott was jailed for life with a minimum term of 15 years after being branded a “disturbingly dangerous” man.

The decision comes after she lost the first round of a bid to challenge the length of her sentence in July.

The hearing was the first to be held outside London since legislation was passed to allow Court of Appeal hearings to be broadcast.

‘I’ll never forgive her’

Philpott’s father Jimmy Duffy said outside court that he believed his daughter should have been given a life sentence.

He also told reporters his daughter had ignored his last letter and “has nothing to do with us”.

He added: “At the beginning I said that the whole trio should’ve got a life sentence.”

Channel 4 News Midlands Correspondent Darshna Soni writes: 
As the appeal court judge read out his verdict, there was a round of applause from Mairdead Philpott's family, who were listening from the public gallery.
Her father told reporters: "Those children got no chance of appeal - why should she have got a chance?" Speaking outside the court, Jim Duffy told us that he had listened to the arguments put forward by his daughter's defence, that she was controlled and manipulated by her husband Mick. "She was dominated by him, it's true... but she had her own mouth, she could have opened it and said no to his plan."
As he spoke, we got a glimpse into the effect that this awful story, and the deaths of his six young grandchildren, has had on Mr Duffy and his family. He told us had written to his daughter twice. I asked what was in the letters. "Nothing heartfelt.. I just wrote a few times to express how I feel about what she did," Mairead's sister Bernadette replied.
They said they hadn't received any replies and that they felt Mairead had never expressed any remorse. But it was obvious that Mr Duffy still feels torn. As he left, he told us: "At the end of the day, she's my daughter and I love her, she's my flesh and blood. But I will never forgive her for what she's done."