Tragic John's family backs our campaign

Two years ago The Argus was assured by then Home Secretary Jack Straw that a new law would be considered bringing stiffer jail sentences for guardians whose children die of cruelty in their care.

Since then mobile phone thieves, carjackers and suspected terrorists have been targeted.

While phone thieves now face four years behind bars, nothing has been done to address what little John's relatives describe as: "A gaping loophole in the law."

The Argus launched its campaign after a Brighton couple were acquitted of murdering three babies, each smothered because they cried, when the judge ruled there was insufficient evidence to say which parent was responsible.

Now, four months after little John's adoptive parents were jailed for eight years for cruelty in a separate case, the family of the bright and happy boy have joined the battle for a change in the law.

John died on Christmas Eve 1999 from terrible injuries. He had 54 bruises including three adult bite marks. His penis was cut and his face burnt.

His adoptive parents Simon, 41, and Michelle McWilliam, 35, were charged with murder but this was dropped because each blamed the other for inflicting the fatal blows.

The McWilliams have been granted leave by the Court of Appeal for a hearing to have their sentences cut.

Now John's family has joined calls for Parliament to introduce 'joint enterprise' into British law so both parties can be charged with murder instead of a lesser charge.

John's aunt Linda Terry, 41, has set up a web site outlining John's case. It contains draft letters which she is asking supporters to send to local MPs and Home Secretary David Blunkett.

Mrs Terry, who lives in Pulborough, said: "There was no celebration in the family when the sentence was announced. There was a feeling of relief that it was all over but we all believe they were charged with the wrong crime.

"Eight years doesn't seem enough for John's death but it's not about the length of their sentence. The charge of cruelty is something you'd associate with a dog. In this case their treatment of a child led to his death. It's a completely different matter.

"Before we went to the trial we didn't know all of the evidence that was going to come out. We knew he had bruises but we had no idea of the enormity of the cruelty that went on. He didn't stand a chance.

"Nothing is going to bring John back but as a family we want to do everything we can to stop this from happening again.

"As long as this loophole exists two people charged with the same crime can stick together."

John moved in with the McWilliams on June 24, 1999 and problems began a month later.

Lewes Crown Court heard how the couple concocted a cover story, saying John was self-harming.

After the case Detective Inspector Malcolm Bacon, who led the investigation, told The Argus he believed the couple should have been charged with murder and the jury allowed to decide.

Mrs Terry said: "I'd love something to happen straight away but I know it's probably going to take at least three years.

"We want every MP to know about it. It's not a crusade. It's not just for John, it's for all children. John's case won't be the last."

She said the family was still coming to terms with the outcome of the trial.

"Christmas was very hard. I don't think any of us could face hanging up decorations. Dad (John's grandfather James Sweeney) doesn't celebrate at all.

A Home Office spokesman said joint enterprise was being considered by the Law Commission, the independent body which reviews laws in England and Wales.

He said: "This is a very complex issue. Cases such as this are always disturbing and raise a great deal of public concern.

"But the concept of 'innocent until proven guilty' is a fundamental principle of British law.

"If you can't prove one parent or guardian is responsible for a crime it's contrary to criminal law to convict both of them.

"We're awaiting the Law Commission's review on joint enterprise."

For more information visit the justiceforjohn.com web site.