EXCLUSIVE: Man who robbed murdered schoolboy Ben Bellamy is freed from jail
THE man jailed for stealing schoolboy Ben Bellamy's bank card before he was murdered has been released from prison.
The decision to grant freedom to Andrew Rafferty, who was originally convicted of manslaughter but later cleared by appeal court judges, follows a parole hearing at Swimfen Prison in August.
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TRAGIC CASE: Ben Bellamy, who was killed in 2005 aged 17.
Rafferty, now thought to be 22 years old, and formerly of Humphrey Street, Mount Pleasant, was made the subject of an indeterminate sentence of custody after being found guilty in 2006 by a jury at Swansea Crown Court of unlawfully killing Ben.
Cleared of murder, he was told he would have to serve at least five years behind bars for manslaughter before becoming eligible to apply for release on parole.
But the following year, after overturning the manslaughter charge, Lord Justice Hooper also quashed the indeterminate sentence at the Court of Appeal, and replaced it with a seven-year sentence, with an extended licence period of ten years, meaning Rafferty could apply for release at the half way point after serving three-and-a-half years.
No one from Ben Bellamy's family was available to comment.
Ben, from Sketty Park, was killed on his way home from a night out in Mumbles in September 2005.
Joel Taylor, formerly of Taliesyn Road, Townhill, and Joshua Thomas, formerly of Llewellyn Road, Penllergaer, were found guilty of his murder and jailed for life.
The 17-year-old Olchfa pupil drowned in Swansea Bay after being beaten up on the foreshore near the Cenotaph.
Taylor and Thomas put Ben in the sea at 5am after stripping him to create the impression he had drunkenly gone for a swim.
It took place when Rafferty had left the scene to try to use the debit card stolen from their victim.
During the trial, Rafferty pleaded guilty to robbing Ben of his debit card, but was not sentenced separately for this.
The Court of Appeal in Rafferty's case considered whether he was criminally liable for events that took place after he left the scene.
His release will be on licence, and he is subject to recall.
A parole board spokesman said: "It is not the policy of the parole board to comment on individual cases. However, in general terms, when a prisoner serving an extended sentence reaches the half-way stage of the custodial term, he can apply to the parole board for release on licence. The parole board will not authorise release at this stage unless satisfied that his continued detention is no longer necessary for the protection of the public."
"The board will take into account the nature of the index offence, the prisoner's offending history, the prisoner's progress in prison, any statement made on behalf of the victim or victims, psychologist's reports, probation officer's reports, prisons officer's reports, any statistical risk assessments that have been completed. There must also be a comprehensive resettlement plan in place".
Details of Rafferty's licence conditions have not be revealed, including whether he has been given a change of identity funded by the tax-payer.
But a Ministry of Justice spokesman said: "A change of identity is extremely rare and granted only when the police assess that there is clear and credible evidence of a sustained threat to the offender's life on release into the community."
nino.williams@swwmedia.co.uk
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by Bob, Neath/Port Talbot
Sunday, September 05 2010, 12:30PM
“I can't imagine what you have gone through John, I have two children of my own, and it doesn't bear thinking about having a child taken from you in this horrific way.
My thoughts are with you also, and stay strong mate, even though it's tough.”
by john bellamy, swansea
Friday, September 03 2010, 10:41PM
“i want to thank everybody for there support, it means a lot even if you dont know me, but i hope you all take care of your kids while this animal is on the loose.”
by lynne rees, swansea
Friday, September 03 2010, 10:49AM
“some people seem to think time heals,and yes in some circumstances i suppose it does.but Ben didn't have an accident,didnt take his own life,die of old age,or have a terminal illness.he was murdered !!!!!!!!!! & this scum was there. do u think i am evil to want this scum dead well i am sorry but until a beautiful,loving,polite,kind,harmless.member of your family is taken from you in such an horrific way you will never know .do you think we can live with ourselves for not being there when he needed us most this feeling will never go away and neither will the hatred for his killers.will never forgive,will never forget,R.I.P.BEN WE LOVE YOU. 5 years closer”
by jade, swansea
Friday, September 03 2010, 9:04AM
“Cant believe they let him out the system stinks,Rot in HELL you low life piece of scum.RIP Ben x”
by nicola, swansea
Friday, September 03 2010, 8:54AM
“LIFE FOR A LIFE,JUSTICE FOR BEN X”
by swazz, swansea
Friday, September 03 2010, 8:34AM
“Never forgive Never forget what you done that night,you are a total scum bag,JUSTICE fo Ben my thoughts are with you John,Tracey,Karl & family x”
by Andrew, Gorseinon
Thursday, September 02 2010, 11:26PM
“Call me a simpleton, but am I missing something here...... 5 years for this horrific crime??? Once again, the state has let us all down.”
by john, swansea
Thursday, September 02 2010, 10:22PM
“These sub humans have not been punished this sends out a message to the scum in our society that if you commit a serious crime you will not get punished. There is an army of well paid people to help the criminals help them train them and try to under stand them surely by now they must realize it does not work. We need deterrents a deterrent is something that deters if you put your hand in a fire it really hurts so guess what you don't do it so if we had real deterrents it would not stop all violent crime but would reduce it greatly failing to punish scum properly as a society we create victims and it is okay as long as you or your family are not victims but you could be next .I believe if we had the death sentence young Ben would still be alive to day.I can hear some of you saying there might be some innocent yes but there are now thousands of innocent people murdered in this country every year and most of us could care less as long as it is not one of your.Bens family you have my sincere sympathy.”
by Rachel, Swansea
Thursday, September 02 2010, 9:46PM
“I think it is absolutely appalling that this man is being released so early! How can a decision be made to ensure a person does the time for the crime they have committed and then it is changed. I don't even believe that 7 years is enough time for what has happened. How is is that the perpetrators manage to squerm their way out of taking the responsibiltiy for their actions? My heart goes out to the friends & family of Ben”
by Rachel, Swansea
Thursday, September 02 2010, 9:42PM
“I think it is awful that this release is going ahead after only half the sentence! How is this decided after the decision was made to put him inside for 7 years based on the crime he committed. Why is it that perpetrators can squerm their way out of the responsiblity of their actions? My heart goes out to the family & friends of Ben”