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Rapist was right for open prison Rapist 'was right' for open jail
(30 minutes later)
The rape of a school girl by a man who absconded from an open jail "could not have been predicted", the Scottish Prison Service has said. The rape of a schoolgirl by a man who absconded from an open jail "could not have been predicted", the Scottish Prison Service has said.
A report into the Cumbernauld attack said Robert Foye, 28, met transfer criteria for Castle Huntly. A report into the case of Robert Foye, 28, said he had met the criteria to be transferred to Castle Huntly.
It said it could not have been predicted that Foye, who had a history of property-related crime, would go on to commit a sexual offence.It said it could not have been predicted that Foye, who had a history of property-related crime, would go on to commit a sexual offence.
But it added that lessons had been learned from the incident.But it added that lessons had been learned from the incident.
Foye was half way through a 10-year sentence for attempting to murder a policeman in 2002 when he was allowed out of Castle Huntley, near Dundee, to attend an Alcoholics Anonymous meeting, but did not return. Foye was half way through a 10-year sentence for attempting to murder a policeman in 2002 when he was allowed out of Castle Huntley, near Dundee, to attend an Alcoholics Anonymous meeting. He did not return.
He had been on the run for about a week when he carried out the attack on the 16-year-old girl on 24 August on a path near Dowanfield Road, Cumbernauld.He had been on the run for about a week when he carried out the attack on the 16-year-old girl on 24 August on a path near Dowanfield Road, Cumbernauld.
'Very high risk''Very high risk'
It emerged that Foye had also absconded from the jail in 2005.It emerged that Foye had also absconded from the jail in 2005.
In January, Justice Secretary Kenny MacAskill announced that an urgent review would be carried out to see what lessons could be learned.In January, Justice Secretary Kenny MacAskill announced that an urgent review would be carried out to see what lessons could be learned.
Mike Ewart, SPS chief executive , said that it could not have been predicted that Foye would go on to commit a sexual offence. Mike Ewart, SPS chief executive, said it could not have been predicted that Foye would go on to commit a sexual offence.
He said: "Whilst the conclusions indicate that the particular offence he was convicted of could not have been predicted, there are points of learning to be gleamed from this exercise and we will make sure that these are implemented and that we continue to improve as far as possible, the systems we have for screening prisoners being transferred to the open estate and continuing to face risks that they present as effectively as we can." He said: "Whilst the conclusions indicate that the particular offence he was convicted of could not have been predicted, there are points of learning to be gleamed from this exercise.
Foye admitted to the rape at the High Court in Edinburgh last month, he is due to be sentenced on 6 May. "We will make sure that these are implemented and that we continue to improve, as far as possible, the systems we have for screening prisoners being transferred to the open estate and continuing to face risks that they present as effectively as we can."
The judge in the case said she was considering a life-long restriction order. Foye admitted the rape charge at the High Court in Edinburgh last month and is due to be sentenced on 6 May.
The judge said she was considering a life-long restriction order.
Lady Smith told the court that Foye had been assessed as posing "a very high risk of further violent offending".Lady Smith told the court that Foye had been assessed as posing "a very high risk of further violent offending".