'Our son will never be the same again'

Published 27 Jan 2010 16:57

By Jennifer Black

THE parents of a Johnstone man - who was left brain damaged after a brutal assault - have accused prosecutors and the law of not doing enough to protect their son.

Last week, David and Morag Collins lost their appeal to have their son's attackers sentences increased.

In November 2008, their son David was attacked by three teenagers as he was leaving his friend's house in Maple Drive, in Johnstone Castle.

The trio jumped on David, who was 34 at the time, carrying out a sickening attack before leaving him unconscious on the street.

Last year, Adam McManus, of Acacia Place, was jailed for 45 months and William McManus, of Tower Road, and Anthony Johnstone, of Chestnut Place, were each ordered to serve just three years in Greenock Prison.

David's parents vowed to keep fighting for justice, and last week the Crown appealed for the sentences to be increased.

However, after reviewing the evidence the Appeal Court judge ruled that although the sentences were 'indeed lenient', he was not persuaded that they were 'unduly lenient.'

Calling it a savage attack, the judge added: "Although what they did in fact put the victim's life at risk, the accepted pleas import that they neither wickedly intended to kill him nor wickedly were regardless of whether he lived or died."

Dad David is disgusted at the outcome of the appeal.

He said: "It's a disgrace

"The law needs to be changed - there's too many victims."

Morag added: "Back in August 2008 he [Adam McManus] allegedly assaulted another fellow, stamped on his head and got out on bail and then he [attacked] David in the November while he was out on bail.

"Allowing him out on bail when he's accused of a serious offence is not right."

David spent four days in intensive care and had physiotherapy, speech therapy and occupational therapy to help him recover.

Over a year later he is still continuing to receive treatment for his injuries, but is now able to live by himself.

Morag said: "We have been told by the Renfrewshire Head Injury Team that it takes two to five years to recover and we have been told by the doctors he will never been 100 per cent again.

"We need to move forward.

"I took it really bad, I went for counselling, it still affects my sleep pattern.

"You think that you should be with him all the time, but you need to let him get on with it and make him independent again."

David added: "From that situation to what we have just now it's night and day - he is never going to be right."

The family are looking towards the future, but there is still the worry about what happens when the attackers are released.

Morag said: "They could be out in a year with a tag. When they [attacked] David it was three o'clock in the afternoon.

"The only thing we could do to take him away from this is to move, but as David says, this is his scheme, he has been brought up here since he was four."

MSP Hugh Henry has described the judge's decision as a 'matter of bitter regret'.

He said: "This was a brutal attack and to be fair to the Crown Office it did appeal.

"The prosecutors felt that the sentences were unduly lenient. It's a matter of bitter regret that the judges did not agree."

A Crown Office spokesperson said: "We note the decision of the court."

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This article appeared in The Gazette 27 Jan 10

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