'If only they had arrested killer for other attack' Ex-partner critical of police's dealing with earlier incident.

Byline: Steffan Rhys

THE former partner of a man who died after a street attack has hit out at police for failing to arrest his killer foraseparate attack two months earlier.

LynPembury, the mother of Nick Baty's 13-year-old daughter Katy, was speaking after his assailant was sentenced to eight years in a young offender institution for manslaughter.

After the sentencing of 18-year-old Joseph Hurley Thomas, it emerged that he was already a suspect in an "horrific and completely unprovoked" assault in Brackla two months earlier, which left a man seriously injured.

But Thomas was not arrested for the incident.

Thomas went on to attack Mr Baty,who was stamped on and kicked outside the Physique gym at the Triangle shopping centre in Brackla, Bridgend. Mr Baty had been trying to help Thomas' drunken friend. The 48-year-old dad of one was left lying in a pool of blood while Thomas bragged about what he had done. He died from his injuries on February 10.

Last night, as Thomas began his sentence, Lyn said: "If they (police) had followed the correct procedures and done their job properly Nick might be here today and my daughter might still have her daddy.

"Who knows if Nick's killer might have behaved differently?

"I think Joseph Thomas' sentence is not nearly hard enough. It's not even a disruption to his life. He'll be out in five years - he can have a career and a family.

"He attacked Nick and then bragged about it. How can someone like that be allowed back on the streets so quickly?"

In the November 2007 attack, Mark Bridgeman, 20, was left with fractures to both sides of his jaw and had to have three metal plates and 12 screws inserted.

But a police constable did not record it as a crime until March 8 - two months after Mr Baty was assaulted.

The South Wales Police major crime investigation team reviewed this and found that Thomas was a suspect for the earlier assault.

An investigation carried out by South Wales Police's professional standards department under Independent PoliceComplaints Commission (IPCC) management found that "no positive inquiries were actioned or completed by the two officers".

An investigating officer concluded that if more positive action had been taken it would have identified the assailants in the November assault much earlier.

He said the failings identified would "not necessarily" have had any impact on the subsequent assault upon Mr Baty.

But yesterday, John Charles Rees QC told Cardiff Crown Court: "It may be the offence of manslaughter may not have been committed if Thomas had been arrested when he should have been for the first attack."

The IPCC said it had now concluded an investigation and the police sergeant and constable had both been given written warnings.

IPCC Commissioner for Wales TomDavies said: "The public expect the police to take proper action when reporting crimes and especially when it is in connection with a serious assault."

South Wales Police Assistant Chief Constable Nick Croft said last night: "We recognise that with regards to the initial investigation of the assault in November 2007 we did not operate to the usual high standards the force operates to."

Thomaswas sentenced to an additional two years in prison for the first attack.

Jamie Wayne Davies, 20, of Brackla, Bridgend, also pleaded guilty to grievous bodily harm for the first attack and was jailed for two years.

CAPTION(S):

KILLER: Joseph Hurley Thomas was already a suspect in an "horrific" assault two months before Nick Baty was attacked