Attacker’s early jail release sparks fury

12:16pm Thursday 15th November 2007

WHEN Michelle Fowler's ex-partner was jailed for 12 months for causing this horrific eye injury, she thought justice had been done.

The young mother - who suffered a fractured eye socket when she was hit by Gary Smith - believed he would remain locked up into next year.

But today the 21-year-old was distraught after he was freed little more than a quarter of the way into his sentence, imposed by a judge at York Crown Court in August.

Her furious father said he had been told by prison service staff that Smith had released so soon partly because he fitted criteria for early release under a Government scheme to tackle prison overcrowding.

Michelle, of Barlby, near Selby, said: "I'm terrified. I had thought he would remain in jail for at least six months, and we would be safe from him over Christmas.

"The prosecution barrister told me he would serve at least six months, and the witness protection service said he wouldn't be out until the end of January.

"I got a phone call on Tuesday from the probation service to say he would be out the following day.

"I had to go through seven months waiting to take the case to court and had hoped he would spend that long inside.

"I feel the criminal justice system has let me down. I think it is disgusting.

"He has a restraining order on him, but I am still scared he will harm me again."

Her father, Gordon, said: "She is distraught. She's terrified. She fought so long and hard for justice to be done and now this happens.

Mr Fowler said he had been told by staff at Doncaster prison that Smith had fitted the criteria earlier for release because of factors such as the assault being his first offence.

"But he fractured my daughter's eye socket," he said. They had to insert a piece of plastic into the socket to support it".

Michelle said that her son, Lewis, would celebrate his second birthday on Christmas Day and she had been hoping to be able to enjoy the occasion without fear of Smith coming near.

Smith, 24, of Danes Court, Riccall, was convicted by a jury at York Crown Court on August 3 of causing actual bodily harm to Michelle.

The jury was told that he had attacked her after discovering text messages on her mobile phone. He woke her up in her home and hit her, breaking her eye socket, and she later needed surgery under general anaesthetic.

Smith told the jury that she had woken up and got angry when she saw him reading her mobile phone messages and claimed he had to push her away in self-defence, and she had fallen against the radiator.

But the jury believed Michelle when she said how he had woken her up and hit her. The judge told Smith that he had lied persistently.