Peter Cockshutt’s killers could evade lengthy sentence
Two teenagers who have reportedly confessed to the murder of an East Riding grandfather at his Spanish retreat could escape justice.
Peter Cockshutt, 71, of Brandesburton, was found dead in a pool of blood at his villa in Costa Silencio, Tenerife, on Saturday night, in an apparent burglary gone wrong.
The retired electrician and grandfather-of-nine had been stabbed twice in the chest and once in the leg with a large knife.
According to reports in Spanish newspapers, a 14-year-old boy, from Chile, and a 16-year-old boy, from Uruguay, confessed to murder and robbery, at a closed youth court in Tenerife's capital of Santa Cruz, on Wednesday night.
They have now been detained at a youth detention centre, in Valle Tabares.
The 14-year-old boy reportedly admitted stabbing Mr Cockshutt, while the 16-year-old pinned him down.
But the Mail can reveal the younger offender could escape prosecution because of a quirk in Spanish law.
And, even if both boys are prosecuted, they would not automatically go to prison when they turned 18. Instead, they could be released.
Under Spanish law, the teenagers could also withdraw their guilty plea at any time.
Karl Mclaughlin, a British journalist, working in Tenerife, told the Mail: “There is some confusion over whether he (the 14-year-old) is of sufficient age to be prosecuted.
“The age at which you can be prosecuted in Spain is a grey area in the law.
“This story has shocked people in Tenerife and they are now calling for a complete change in the justice system to clarify what age people can be prosecuted.”
The Juvenile Law 2000, which lays down the rules for youths aged 14 to 18, is vague, especially when it comes to the younger teenagers.
Alfonso De Ramos, a lawyer specialising in under 18s criminal law, explained: “If the children are liable, then there are several options open to the prosecutor.
“There could be a penalty or punishment, but it depends on what is best for the child.
“If it is serious, they can be prosecuted and could face penalties, or they could look at other sanctions.
“If they have been affected by their environment or family, they may just be taken away from their family, for example.”
Mr Cockshutt´s family have been shocked by the anomaly in the law.
His Janice Hackett, 48, of east Hull, told the Mail: “I don´t know what I am feeling about that. It is a bit much to take onboard.
“We are just pleased they have arrested someone.
“It has made it a lot easier for mum to go out there, knowing the people believed to have done this have been caught.
“Mum is going out there, and when she does, I think it will hit home big time.
“It has all seemed a bit surreal over here.”
Mr Cockshutt´s devastated wife of 53 years, Patricia, had flown back to the UK on Saturday afternoon, to oversee repairs at the couple's East Riding home.
She became frantic with worry when she could not contact her husband for 48 hours and asked a friend to drive from the other side of the island to check he was okay.
When the friend entered the house, he found Mr Cockshutt dead on the settee.
Two windows in the villa had been smashed and the house had been ransacked.
Police sources said the teenagers´ fingerprints were apparently found at the scene, but no weapon had been recovered.
The two offenders were taken back to the villa on Wednesday to a reconstruction of the murder, as is usual in Spain.
Local newspapers reported that teachers at their school in Las Galletas had described them as “bad eggs” and that there was “trouble coming”.
According to reports, they were members of a South American gang in the area and “out of control”.
Social services in Spain have apparently issued a statement admitting the 16-year-old had been under supervision, but had not been considered a “high-risk”.
The prosecution service in Spain could now take several weeks to prepare for the next court hearing.
