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Hawk jail transfer 'unacceptable' | |
(1 day later) | |
A serious offender who went on the run from an open prison should not have been sent there in the first place, the justice secretary has said. | |
Kenny MacAskill said prison service officials failed to follow newly tightened guidelines in the case of Brian Martin, known as "The Hawk". | |
He absconded from Castle Huntly open jail, near Dundee, just three weeks after being transferred there. | |
Mr MacAskill told Holyrood that the situation was not acceptable. | |
He also announced an independent review of the case. | |
Martin, from Ballingry, Fife, had four months added to his sentence after he admitted absconding from Castle Huntly on 18 May. | |
The 51-year-old, who later handed himself in after seven days on the run, is serving 10 years for firearm offences. | |
Disciplinary action | |
Mr MacAskill told parliament that, had the guidelines been followed, it was likely Martin - who previously absconded 22 years ago - would not have been transferred to the open prison. | |
The justice secretary said former prison governor Prof Alec Spencer would carry out a review of the case - and did not rule out disciplinary action against staff, depending on its findings. | |
"If the process had been properly followed, the likelihood is that Martin would not have been transferred to the open estate," said Mr MacAskill. | |
The Scottish Prison Service has apologised for what was described as a failure in its "information-sharing processes" and has asked a governor from another jail to launch an internal review. | |
It would appear that the process I put in place following the Foye case last year was not in this instance properly followed by staff within the SPS (Scottish Prison Service) Kenny MacAskillJustice secretary | |
In 2006, Martin was convicted for firing a gun during an argument at a house in Fife. | |
At the time of that offence, he had been out on licence from a 12-year jail term for assault, robbery and firearms offences. | At the time of that offence, he had been out on licence from a 12-year jail term for assault, robbery and firearms offences. |
In March last year, the justice secretary apologised to a schoolgirl in Cumbernauld who was raped by another prisoner - Robert Foye - after he absconded from the open prison. | In March last year, the justice secretary apologised to a schoolgirl in Cumbernauld who was raped by another prisoner - Robert Foye - after he absconded from the open prison. |
The case led to a tightening of the rules, and prison inspectors later said the case led to improvements in Scotland's open jails. | |
The action included a presumption against returning absconding prisoners to open prisons. | |
Mr MacAskill said: "It would appear that the process I put in place following the Foye case last year was not in this instance properly followed by staff within the SPS (Scottish Prison Service.) | |
"This is not a situation which I, or indeed any of use, will find acceptable." | |
'Embarrassing day" | |
Scottish Labour called on Mr MacAskill to admit his responsibility. | |
Justice spokesman Richard Baker said: "Kenny MacAskill said after the Robert Foye case that 'mistakes would be learned from'. | |
"In the case of Brian Martin this has evidently not happened." | |
Tory justice spokesman Bill Aitken said: "This has been an embarrassing day for Mr MacAskill. | |
"Having spent last week assuring everybody that Mr Martin had never absconded before - as if that made everything okay - he has had to admit today that he got that wrong. | |
"To describe the whole affair as a 'glitch' is breathtaking complacency. This 'glitch' could have cost somebody their life." | |
Liberal Democrat justice spokesperson Robert Brown said: "We must make sure that prisoners are only transferred to the open estate after properly robust risk assessments have taken place. | |
"But the reality is that the open estate plays an important role in rehabilitating certain prisoners for re-introduction into society. | |
"It's important that the justice secretary gets this right, which is why Liberal Democrats support an independent review into what went wrong at Castle Huntly." |
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