Anger over parking rage sentence

Charles Freeburn covered his head as he left the court

A grieving family has criticised a High Court judge after a man was admonished for his part in a fight over a parking space which left a grandmother dead.

Charles Freeburn, 35, had admitted attacking Norman Whittle, 68, in a row at a car boot sale in Glasgow.

Freeburn's partner Carol McMillan, 34, was jailed for four years for killing Mr Whittle's 58-year-old wife Ann.

Mr Whittle said Freeburn, of Holytown, Lanarkshire, should have been jailed for the offence.

Speaking outside the High Court in Glasgow, he said: "I am not happy at all. I think the law is a bloody ass in this court."

The report shows that since the June period of deferral you have been of good behaviour as you were required to be Lady Dorrian

Both he and Heather Russell, the dead woman's sister, said they did not think that the judge, Lady Dorrian, should be allowed to continue on the bench.

She had initially deferred sentence on Freeburn for six months after he admitted hitting Mr Whittle.

Mrs Whittle, of Coatbridge, Lanarkshire, had an undiagnosed coronary condition and died of a heart attack following the attack by McMillan in Blochairn in August 2004.

Freeburn and Mr Whittle had also clashed after exchanging insults about their football teams and the accused struck Mr Whittle twice on the head.

Freeburn had made remarks about the Manchester United top Mr Whittle was wearing and he reacted by making references to Freeburn being a Rangers supporter.

'Good behaviour'

Passing sentence, Lady Dorrian said Freeburn's good conduct since the offence had contributed to her decision to admonish him.

"The report shows that since the June period of deferral you have been of good behaviour as you were required to be," she said.

"The report shows there are no pending cases and it shows you have not offended again.

"In the circumstances, given that you have adhered to the court order, you will be admonished."

The court heard that Freeman had lost his job over the attack and was looking after his two children, aged 11 and 15, while their mother served her jail sentence.

Solicitor advocate Anthony Quinn said Freeburn was also undergoing counselling every 10 days.

Ann Whittle died following the car park attack

A friend of Mrs Whittle screamed abuse at Freeburn after he walked from the dock.

Freeburn later emerged from court under a coat and left in a waiting car.

A friend of the accused told reporters outside the court: "Someone lost a life, of course we are sorry". He then raised his fingers in a peace sign.

Freeburn's partner, McMillan, was earlier jailed for four years after admitting a charge of culpable homicide.

She had initially avoided a prison sentence for her assault on Mrs Whittle and that outcome outraged the victim's family.

However, the Crown launched an appeal against the sentence on the grounds that it was too lenient.