Ashok Kalyanjee, 46, pled guilty to the murder of his two children, Paul aged 6 and Jay aged 2 in 2009.
Despite pleading guilty to the murders, and the overwhelming evidence that he did in fact commit these terrible crimes, six weeks later he decided to appeal his conviction.
He then claimed he was the victim of a conspiracy which led to him to wrongfully enter a guilty plea to the murder of Paul, six, and two-year-old Jay.
On the day the appeal was to be held, suddenly he decided not to appeal.
Now Ashok Kalyanjee has decided that he suffers from an undiagnosed mental disorder. It seems as if the Scottish Criminal Review Commission agree with him, since they have referred his case to the court of appeal.
The Scottish Criminal Case Review Commission has stated " The commission has decided to refer the case to the High Court because the commission believes that there may have been a miscarriage of justice on the basis that it appears that he may suffer from a mental disorder which was undiagnosed at the time of his plea and which might have entitled him to plead that his responsibility was diminished"
If Mr Kalyanjee does indeed suffer from a mental disorder, surely then he should be in a secure hospital being treated?
The Facts of the Case Are:
He meticulously planned his terrible crimes, bought the petrol, a knife and tricked his two little boys by saying he wanted to play a game of football with them.
He then took them to the Campsies, and stabbed them through the throat.
Ashok Kalyanjee recorded a sick final message before cutting the throats of his two little sons and setting them on fire.
Speaking into a tape machine as he sat in his car with the boys, the killer said: "Today is the last day. These children are mine and they'll go with me." Kalyanjee added: "Death is near."
He spoke in Punjabi so his innocent victims wouldn't understand him.
After buying the knife, Kalyanjee drove to a layby near Lennoxtown, Dunbartonshire.
He used a dictaphone to record what he thought would be his last words. He said: "This is a very big story. Its purpose is that I'm speaking in Punjabi because my children are with me. "If I speak English, they would understand today is the last day.
These children are mine and they go with me."
He added: "This death is near. I have become a gambler, a drunk. Nothing has become of me."
Kalyanjee then switched to English and told one of the boys: "I would always miss you. "So we're gonnae have a very good game today, very good fun today baby. "We're going to live together. Nobody can separate us. "Nobody can separate us now."
The chilling message was played at the High Court
Before the killings, he phoned their mother and told her: “You’ll regret what you did to me in this life.”
The week before the murder, he took the children's mother to the same beauty spot because this was a place special to her childhood. He was determined to obliterate that as well as her hildren.
These killings were not carried out in a moment of madness.
This was a cold and calculating plan executed without remorse.
Paul Ross was just six years old and he had to watch his father kill his little brother Jay-Jay aged just two before the knife was turned on him.
Ashok Kalyanjee is responsible for these murders. Ashok Kalyanjee must be held accountable for them and serve his sentence.
Lord Brailsford said at sentencing, "This is as grave a crime as can be imagined. I do not know what caused you to commit it. You were clearly under some form of psychological stress – but you have been examined by psychiatrists and found sane and fit to plead. There is no mitigation for crimes of this enormity."
If Ashok Kalyanjee was mentally insane at the time of the murders, then the chances are he is still mentally insane.
If he wins an appeal and he is not to serve a sentence in prison he should be in a secure mental hospital. How does someone get cured of being mentally insane? He was seen by many psychiatrists BEFORE he went to court. They all found him sane and fit to plead.
It would be a miscarriage of justice for these children, their mother Giselle Ross and the rest of the family if Ashok Kalyanjee was freed from prison before he had served his FULL sentence. Giselle Ross has no escape from the sentence she has been forced to live under for the rest of her life. She is suffering undue and terrible torment and pain through no fault of her own. She suffers every single day in life, and will continue to suffer for the rest of her life because of the actions of Ashok Kalyanjee.
Lord Brailsford said, "Ashok Kalyanjee – you have pled guilty to the murder on May 3rd 2008 of your two sons, Paul and Jay, then aged 6 and 2 years. It is clear that this crime was premeditated, planned and organized. You used deceit and lies to persuade both the children’s mother and the children themselves to go out with you that afternoon. You purchased the murder weapon in advance and also acquired petrol in a can, apparently to incinerate both yourself and the victims, at the scene of the crime. The victims were defenceless and in your care, no doubt they loved you and assumed you would care for them as a father should. One of the victims witnessed what happened to his brother, I cannot imagine the suffering that child must have endured before his own murder."
The Scottish Justice Secretary Kenny MacAskill has put forward the idea of giving victims of crime a chance to make an oral statement on their experiences to a court in the hope of giving them a better voice in the criminal justice process. He said, "that it was important to give people the right and opportunity to be heard as they wish to be."
Giselle Ross is a living victim who deserves justice. If Ashok Kalyanjee was freed then that would not be justice.
IF he is mentally ill, then he must go to a secure hospital to be treated. The public have to be protected and justice must be seen to be done. The courts accepted Ashok Kalyanjee's guilty plea, and looked at all the available evidence. There can only be one outcome in this case and that is to keep Ashok Kalyanjee in prison, and treat him if he really does suffer from a mental illnesss.
Please listen to the pleas of the victims mother, who is a victim also, and her family, friends and supporters.
Please ensure that Ashok Kalyanjee remains in secure custody.