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| Rapist 'met open jail criteria' | Rapist 'met open jail criteria' |
| (30 minutes later) | |
| The rape of a schoolgirl by a man who absconded from an open jail could not have been predicted, Scottish prison bosses have insisted. | The rape of a schoolgirl by a man who absconded from an open jail could not have been predicted, Scottish prison bosses have insisted. |
| Robert Foye, 28, admitted raping the 16-year-old in Cumbernauld in August last year after absconding from Castle Huntly, near Dundee. | Robert Foye, 28, admitted raping the 16-year-old in Cumbernauld in August last year after absconding from Castle Huntly, near Dundee. |
| But a Scottish Prison Service review of the case said Foye met the criteria to be transferred there. | But a Scottish Prison Service review of the case said Foye met the criteria to be transferred there. |
| Ministers have been urged to make a statement to parliament on the issue. | Ministers have been urged to make a statement to parliament on the issue. |
| Foye was half way through a 10-year sentence for attempting to murder a policeman in 2002 when he absconded after being allowed out of Castle Huntly to attend an Alcoholics Anonymous meeting. | Foye was half way through a 10-year sentence for attempting to murder a policeman in 2002 when he absconded after being allowed out of Castle Huntly to attend an Alcoholics Anonymous meeting. |
| This is an astonishing report, one which should cause the Scottish Prison Service to hang its head in shame Bill AitkenTory justice spokesman | This is an astonishing report, one which should cause the Scottish Prison Service to hang its head in shame Bill AitkenTory justice spokesman |
| The prisoner, who also absconded from the jail in 2005, had been on the run for about a week when he raped the girl on a path. | The prisoner, who also absconded from the jail in 2005, had been on the run for about a week when he raped the girl on a path. |
| The government-ordered review of the case found Foye posed a "high-risk of re-offending" and absconding was a possibility, but fitted the criteria for transfer to an open prison from a standard one. | The government-ordered review of the case found Foye posed a "high-risk of re-offending" and absconding was a possibility, but fitted the criteria for transfer to an open prison from a standard one. |
| But the investigation pointed out Foye mostly had a criminal history of dishonesty and car crime, not sexual offences. | But the investigation pointed out Foye mostly had a criminal history of dishonesty and car crime, not sexual offences. |
| Scottish Prison Service chief executive Mike Ewart said lessons would be learned from the review, which made a series of recommendations on improving the system. | Scottish Prison Service chief executive Mike Ewart said lessons would be learned from the review, which made a series of recommendations on improving the system. |
| "While the conclusions indicate the particular offence [Foye] was convicted of could not have been predicted, there are points of learning to be gleamed from this exercise and we will make sure these are implemented," he said. | "While the conclusions indicate the particular offence [Foye] was convicted of could not have been predicted, there are points of learning to be gleamed from this exercise and we will make sure these are implemented," he said. |
| READ THE REPORT Review of the circumstances surrounding the transfer of Robert Foye to Castle Huntly [28KB] Most computers will open this document automatically, but you may need Adobe Reader Download the reader here Justice Secretary Kenny MacAskill said the recommendations were being introduced "as a matter of urgency", but pointed out it was never possible to eliminate risk. | READ THE REPORT Review of the circumstances surrounding the transfer of Robert Foye to Castle Huntly [28KB] Most computers will open this document automatically, but you may need Adobe Reader Download the reader here Justice Secretary Kenny MacAskill said the recommendations were being introduced "as a matter of urgency", but pointed out it was never possible to eliminate risk. |
| "Nothing can make up for the victim's horrendous ordeal in this disturbing case," he added. | "Nothing can make up for the victim's horrendous ordeal in this disturbing case," he added. |
| Scottish Tory justice spokesman Bill Aitken urged Mr MacAskill to make an emergency statement in the Scottish Parliament on the "inadequacies" of the Scottish Prison Service. | Scottish Tory justice spokesman Bill Aitken urged Mr MacAskill to make an emergency statement in the Scottish Parliament on the "inadequacies" of the Scottish Prison Service. |
| "This is an astonishing report, one which should cause the Scottish Prison Service to hang its head in shame," he said. | "This is an astonishing report, one which should cause the Scottish Prison Service to hang its head in shame," he said. |
| "The contradictions and assessments made in the report are truly alarming." | "The contradictions and assessments made in the report are truly alarming." |
| Foye absconded from Castle Huntly before committing the rape | Foye absconded from Castle Huntly before committing the rape |
| Pauline McNeill, Labour's justice spokeswoman, added: "Robert Foye is a convicted violent drug user with a record of absconding and still the prison authorities decided it was appropriate for him to go to Castle Huntly. | Pauline McNeill, Labour's justice spokeswoman, added: "Robert Foye is a convicted violent drug user with a record of absconding and still the prison authorities decided it was appropriate for him to go to Castle Huntly. |
| "How the same prison authorities can now claim the open estate was a suitable place for him is absolutely beyond explanation." | "How the same prison authorities can now claim the open estate was a suitable place for him is absolutely beyond explanation." |
| The Liberal Democrats' Margaret Smith said ministers must not allow the prison service to "wash its hands" of the Foye case, adding: "I am concerned that our open prisons are being used as a temporary solution to prison overcrowding." | |
| The review recommended seven changes in prisoner transfer to open prisons, including better risk assessment for absconding and improved training for prison staff. | The review recommended seven changes in prisoner transfer to open prisons, including better risk assessment for absconding and improved training for prison staff. |
| Foye, who admitted the rape charge at the High Court in Glasgow last month, is to be sentenced in May. | Foye, who admitted the rape charge at the High Court in Glasgow last month, is to be sentenced in May. |
| Meanwhile the Scottish Government's prisons commission, which is considering the role of open prisons, will report in June. | Meanwhile the Scottish Government's prisons commission, which is considering the role of open prisons, will report in June. |