After their daughter was killed by her ex-partner while he was awaiting trial for her rape, the Cloughs argued for a change in the law on bail. This week gave them hope A note attached to a bunch of flowers left at the scene of Jane Clough's murder in July last year read: "What a waste of a life. RIP." Clough had been stabbed to death by her former partner in the car park of the Blackpool hospital at which she worked, just eight weeks before he was due to stand trial for her rape and sexual assault. Jonathan Vass, a former paramedic, had stabbed Clough more than 70 times, and was spotted by a key witness at the subsequent murder trial walking calmly away before turning back and slashing her throat. "Her death was not only a terrible waste but totally avoidable," says her mother, Penny Clough. "His motive was clear. Vass was punishing Jane because she reported him. If he hadn't been bailed, Jane would be alive today, and her baby would still have a mother." Since their daughter's death, Penny and her husband John have campaigned for a change in the law that would make it harder to grant bail to perpetrators of domestic violence who are perceived to be particularly dangerous. Earlier this week, their campaign received a boost when a significant bail act amendment was passed that should allow the Crown Prosecution Service (CPS) to appeal against decisions by crown court judges to grant bail. Currently, the CPS can argue against bail during the hearing but the judge's decision is irreversible. Former solicitor general and feminist lawyer Vera Baird QC, who wrote the amendment that was put before the parliamentary committee this week, predicts that it could become law by next spring. For the Cloughs, it is the beginning of a victory for their Justice for Jane campaign. They want to prevent such an avoidable tragedy happening to other women. In other cases of serious crime, such as grievous bodily harm, if there is significant risk to the complainant from the accused then bail is more likely to be refused. "The decision to bail Vass was disgraceful. It highlights how rape, especially when in the context of domestic violence, is devalued," says Baird. "Because it is her word against his, judges tend to put her safety lower down than other victims." In answer to criticisms of judge Simon Newell's decision, the Judicial Communications Office (JCO) said he had worked within the framework of the Bail Act 1976, which gives a presumption of bail except in specific circumstances, and that at no time had the judge been made aware of any specific concerns regarding Clough's safety. Vass, a 17-stone bodybuilder, had been violent and abusive throughout their relationship. Clough, described as "frail" by her family, had called police in November 2009 after a particularly violent assault and rape while she was seven months pregnant with his child. Vass was arrested and held in custody, but 12 days later, despite evidence of nine counts of rape, one of sexual assault and three counts of common assault over a period of months, he was granted bail. Both the police and the CPS argued against it. In opposing bail, the CPS said that there was "an extreme likelihood firstly that he will abscond because of the grave nature of the charges [and] ? that he will interfere by means of trying to make contact with witnesses ? if he gets the opportunity to do so." But the defence argued that Vass "?is a person who realistically is unlikely to commit any further offences or any offences at all ?" Unfortunately, the judge agreed. "I blame the judge as much as I do Vass for Jane's death," says Penny. "He [Vass] broke all bail conditions and tracked Jane on Facebook." After Vass was released, Jane kept a record of her fears of Vass in her diary. "After his release Jane was utterly terrified," says her father. "She regularly wrote in her diary that he would come and get her. She locked every door, and became a prisoner." In her first diary entry, on Boxing Day 2009, she wrote: "I think he might come to get me and even kill me. What is there to stop him?" Subsequent entries echoed her growing fears. "I am worried about Johnny coming to find me and kill me when he is released from his sentence." Jo Wood, service manager for the Rape and Sexual Abuse Centre for Women in Merseyside , which is supporting the Cloughs' campaign for greater judicial accountability, says that cases such as Jane's are not uncommon. "Vass had already been identified by the police, CPS and social services as a risk to Jane. This girl was terrified," says Wood, who is trying to persuade the Judicial Training Committee to allow experts in domestic violence and sexual assault to be trained in risk assessment. "It is known that the most dangerous time for these women is when they decide to leave, and when they are pregnant. Jane was at her most vulnerable and the judge let him out. "How could the judge who bailed Vass not know that Jane was terrified for very good reason? Women do not report these crimes lightly," she adds. At the murder trial, the Cloughs faced further distress when judge Anthony Russell QC ordered the charges of rape against Vass to lie on file, and said it was not in the public interest to prosecute him for the sexual offences. "It meant everything to Jane to see him convicted for what he had done to her," says John Clough. "What is anyone who hears this going to think? Is it going to encourage them to come forward and report rape?" Baird is convinced that the cost of trying Vass for rape to end up with concurrent sentences was obviously deemed not to be worth it. But police had plenty of evidence, including hours of film of Jane's statement. At the trial, the CPS said that the motive behind this murder was Vass's wish to evade prosecution for rape. "Why then was he never put on trial for these offences? Jane died for reporting those rapes," believes John. Vass is unlikely to be out of prison before 2040. But, says Baird, if he was a danger to women prior to the murder conviction, he will still be so on release: "Because he was not convicted of a sex offence, he will not be managed as such in prison, and his sexually violent disposition will not be challenged." For Baird, the bail amendment will save lives as it "is bound to make judges think twice about granting bail". Penny and John Clough, who are preparing to meet with the director of public prosecutions Keir Starmer next Thursday, to ask why Vass was not tried for rape, live with the agony of knowing that Jane was let down by the system that bailed Vass, and then decided to ignore the rapes that ultimately resulted in her death. "We had faith in the justice system and believed Jane would be protected. She wasn't, and she never got any justice. If Vass is never tried for rape, then Jane has died for nothing." Women Domestic violence Knife crime Crime guardian.co.uk © 2011 Guardian News and Media Limited or its affiliated companies. All rights reserved. | Use of this content is subject to our Terms & Conditions | More Feeds