NSW: Edward Lee's killer jailed for a minimum five years
EDS: ATTENTION LANGUAGE THROUGHOUT
By Denise McNamara
SYDNEY, Feb 12 AAP - The killer of Sydney schoolboy Edward Lee could walk free in threeyears after receiving a sentence which appalled the victim's parents and prompted callsfor an appeal.
Moustapha Dib, 20, had pleaded guilty to the 14-year-old's manslaughter after a controversialplea bargain saw his murder trial aborted.
Edward's parents were distraught at today's maximum 10-year penalty which means Dibwill be eligible for release on parole in May 2006, with time already spent in custodytaken into account.
An alcoholic since his only child's death who sometimes sleeps all night on Edward'sgrave, Doo Jin Lee said outside court: "I can't believe it. This is injustice."
Soo Bin Lee, who told the court her greatest hope was to die quickly to reunite withher son, sobbed uncontrollably as she compared penalties for gang rapists: "Victims ofrape cases are still living and walking on the street.
"My son has been killed. The sentence imposed was too light."
Their concern was echoed by Attorney General Bob Debus, who asked the Director of PublicProsecutions (DPP) to review the sentence with a view to an appeal.
NSW opposition spokesman on legal affairs Chris Hartcher said Mr Debus should use hispowers to immediately appeal against the decision and stop hiding behind the DPP.
A Year 9 student, Edward Lee was stabbed as he walked with friends to a 15th birthdayparty in Telopea Street, Punchbowl, on October 17, 1998.
A brawl erupted after one of a group of 10 Lebanese youths remarked: "What the fuckare you looking at?"
"I just clicked ... fucking Asian deserved it," Dib, a local resident, later told hismates, including triple murderer Michael Kanaan, who was one of those who organised forhim to flee to Queensland to concoct an alibi.
It would be two years before Dib was charged with murder.
In the third week of his trial last September Justice Robert Hulme - for only the secondtime in NSW - rejected a plea bargain in which the Crown accepted a guilty plea to manslaughteron the grounds of provocation.
Crown prosecutor Paul Conlon, SC, argued the move was necessary after its prime witnesshad failed to convince the jury, but Justice Hulme labelled it an abuse of process.
Before a different judge, Dib's guilty plea to manslaughter was accepted.
Accepting that Dib's "explosive" reaction was provoked on seeing his younger brotherknocked unconscious during the melee, Justice James Wood today noted the threshold forthat defence was "only barely passed".
Justice Wood found it concerning that Dib continued to see himself more as a victimthan an offender and said he was bound to reoffend if he did not abandon his strong antagonisticattitude towards police.
Last December Dib's brother Mohamed was jailed along with Kanaan for a maximum threeyears and four months after pleading guilty to being accessories after the fact of EdwardLee's malicious wounding.
Another man, Narwaf Refai, was given a two-year suspended sentence and placed on agood behaviour bond.
Edward's killing marked the beginning of a tumultuous period in Sydney's criminal history,which included the drive-by shooting of Lakemba police station a fortnight later in anapparent retaliation of a crackdown on gang crime around Telopea Street.
DPP Nicholas Cowdery, QC, said it would take at least a week before a decision on anappeal would be made.
AAP dmc/nf/pw/ts
KEYWORD: LEE NIGHTLEAD
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