The ‘remorseless’ father who abused baby Tony Hudgell so badly he had to have both legs amputated will stay behind bars after his parole was refused.
Tony Smith, 52, is serving a 10-year prison sentence for swinging his 41-day-old son by his ankles, causing horrific fractures that led him to lose both legs.
Paula Hudgell, who adopted Tony, now eight, after his horrific ordeal claimed Smith has ‘never shown any remorse’ for the abuse, branding him an ‘evil coward’.
Smith, originally from Maidstone, Kent, was convicted in February 2018 along with his biological mother, Jody Simpson, 30, who were both handed 10-year jail terms.
The ruling comes after Simpson was released from jail in February after serving just half of her sentence.
Tony Smith (pictured), 52, is serving a 10-year prison sentence for swinging his 41-day-old son by his ankles, causing horrific fractures that led him to lose both legs
Paula Hudgell, who adopted Tony, now eight (pictured together), after his horrific ordeal claimed Smith has ‘never shown any remorse’ for the horrific abuse, branding him an ‘evil coward’
Paula Hudgell and son Tony at home in their garden in West Malling, Kent, on May 5
Little Tony was just 41 days old when he suffered eight fractures to his legs and then developed life-threatening septicaemia in 2014.
The Parole Board that considered his application for release decided Smith should stay in jail as there was a risk he could start a new relationship and have access to other children.
In the ruling the panel concluded it was in the public interest he remained behind bars.
Mrs Hudgell, who adopted Tony along with her husband Mark, 58, said Smith’s life behind bars seems to be ‘one of continuing denial’.
The 55-year-old from Kings Hill, Kent, said: ‘He denied my son medical help for his terrible injuries for 10 days, he denied inflicting those injuries in court and then he denied my family the right to tell him exactly how life-changing his and Simpson’s brutality was, and the life-long challenges my son must endure.
‘I have always believed a victim impact statement was about giving a voice to those affected by crime so the perpetrator has a full understanding of what they have done.’
She added: ‘But sadly Smith was allowed to choose to ignore our voice and left the room when it was read out. To me, that doesn’t show remorse or insight.
‘In my opinion it shows he’s an evil coward and the Parole Board’s decision was the right one. He should remain in prison until he truly understands what he and Simpson did.’
In its ruling, the parole board said Smith had no idea how to look after a child and was concerned he might abuse another youngster if released.
The panel concluded: ‘Having considered the evidence before it, the panel listed as risk factors those influences which made it more likely that Mr Smith would re-offend.
Tony Hudgell, who uses prosthetic legs, celebrates after taking the final steps in his fundraising walk in West Malling Kent with mother and father Mr and Mrs Hudgell in 2020
The ruling comes after Tony’s birth mother Jody Simpson (pictured) was released from jail in February after serving just half of her sentence
Tony pictured with adoptive mother Mrs Hudgell getting his first prosthetic legs in February 2020
‘At the time of his offending, these risk factors had included Mr Smith’s chaotic life, his abuse of drugs and his use of alcohol. He has acted recklessly and impulsively and has struggled to manage extreme emotions.
‘The panel considered his relationships, isolation, boredom, poor decision making and an inability to deal with life’s problems to be further areas of risk. Specifically, he has no concept of the responsibilities entailed in caring for a child.’
During the trial in 2018, Judge Philip Statman said little Tony was ‘seconds from death’, before being saved by hospital doctors.
He had fractures to both thighbones, both lower legs, the right lower leg and ankle, dislocations and blunt trauma to his face leading to organ failure, toxic shock as well as sepsis.
But Tony was left untreated for 10 days and when he was eventually taken to see their GP, he was gravely ill with his eyes closed and his lower limbs hard and swollen.
After being put in intensive care, the boy pulled through but was left with life-changing injuries.
When pictures of Tony with his new adoptive family were shown to the court, jurors applauded and were visibly emotional.
In 2020, Tony won the hearts of the nation by raising more than £1.5m for the Evelina Children’s Hospital in London, which played a vital role in his care, by doing a sponsored walk on his prosthetic legs.
He was then given a British Citizen Youth Award at the House of Lords.
Tony’s adoptive parents campaigned relentlessly for tougher sentences for child abusers and were successful in persuading the Government to introduce Tony’s Law, which came into effect in June last year.
Under this legislation, child abusers can now be sentenced to life imprisonment – the previous maximum had been 14 years.
Mr and Mrs Hudgell, Tony and Mica Paris attend the Best Heroes Awards 2022 on October 18
In 2021, Tony won the hearts of the nation by raising more than £1.5m for the Evelina Children’s Hospital in London, which played a vital role in his care, by doing a sponsored walk on his prosthetic legs
Tony’s adoptive parents campaigned relentlessly for tougher sentences for child abusers and were successful in persuading the Government to introduce Tony’s Law, which came into effect in June last year (Mrs Hudgell and Tony pictured in May)
The Parole Board did not rule out the possibility Smith could re-apply for parole at a later date.
Tony’s birth mother Simpson was due for release on licence in August, but then-Justice Secretary Dominic Raab stepped in to block this using new discretionary powers that protect the public from dangerous offenders.
In December, following a legal challenge by Simpson, a High Court judge ruled the minister’s bid to delay her release was unlawful and his decisions to refer her case should be quashed. She was released on February 3.
Tony is currently being assessed for new prosthetics – which may require six months’ specialist treatment and surgery in the States.
The Tony Hudgell Foundation has also been set up to help children who have suffered emotional, physical and psychological trauma.
