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11:22 GMT, Friday, 11 July 2008 12:22 UK

Fury as 'initiation' four freed

Gavel

The parents of a boy who was bound, gagged and attacked by colleagues at work are furious the men are free.

The four, from County Londonderry, had been sent to prison but their sentences were quashed on appeal.

During the attack, which was filmed on a mobile phone, the 15-year-old was gagged, tied to a chair, assaulted and one man exposed himself.

The victim's father said his son was devastated: "He kept asking 'why' this had happened to him."

"It's totally destroyed him ever since, two years on, he's still up in his room," he added.

During the attack, the men tied the boy to a chair, repeatedly hit him and stuffed paper into his mouth, his father said this aspect was particularly traumatic.

"He panicked because of his asthma, he couldn't breathe and thought he was going to die."

Appeal court judges overturned the prison sentences imposed on Brian Murphy, 27, and Ronald Burnside, 26, over the assault at a Derry garage in the summer of 2006.

'Despicable'

The pair challenged the jail terms a day after their two co-accused, garage boss, Patrick Deery, 39, and Jason Ferguson, 21, won appeals against their prison sentences.

The Lord Chief Justice described the behaviour of the four men as "despicable", but ruled alternative punishments could be handed down because of their previous good records.

Mr Burnside had been jailed for nine months for false imprisonment and two counts of indecent exposure.

Instead he was given 150 hours of community service, two years' probation and will have to sign the sex offenders' register.

Mr Burnside had his original three-month jail sentence for common assault suspended for two years.

The trial judge said the victim was at a vulnerable stage of adolescence when such an incident could have a "calamitous effect" on his emotional well-being.

The judge added that the behaviour of Ronald Burnside in particular was distressing to the victim.

"Not only did he expose his private parts, he brought these into contact with the complainant on two separate occasions."

"There's nothing remotely funny or humorous about his behaviour."

Colm Elliot, of the NSPCC, said it was incomprehensible that four grown men could subject a child to such an attack.

"It is very important when young people have the bravery to go through the process of the court, for them it is almost like a second trauma.

"If they feel like they haven't got justice it makes it very difficult for people in the future who have been abused to come forward," he said.

The victim's father said his son could not comprehend what had happened with the case.

"Two weeks ago we told him they'd been sent to jail, then two weeks later they'd been freed - he's angry and distressed."




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