Bishopbriggs killer loses human rights claim and payout bid
A notorious killer who claimed he was being denied the chance to show he was no longer a danger to the public has lost a human rights claim and a bid for a payout.
A notorious killer who claimed he was being denied the chance to show he was no longer a danger to the public has lost a human rights claim and a bid for a payout.
Appeal judges ruled that Alexander Reid is being provided with reasonable opportunities for him to rehabilitate himself.
Reid stabbed Angela McCabe to death at her home in Bishopbriggs, near Glasgow, in 1967 as a teenager after she gave him a cup of tea after he sharpened gardening tools for her.
Following his conviction for culpable homicide the 17-year-old was detained at the high security, psychiatric State Hospital at Carstairs.
Reid remained there for 45 years and waged a lengthy legal battle which resulted in a successful appeal in 2012 allowing his transfer to prison and opening up the possibility of release on parole.
He was sent to Glenochil jail, in Clackmannanshire, to serve a life sentence with a minimum term of 10 years, which expired in 1977.
He raised an action for judicial review at the Court of Session in Edinburgh claiming that he suffered a breach of article 5 right to liberty of the European Convention on Human Rights because the Scottish Prison Service failed in its duty to provide him with a reasonable chance to rehabilitate himself and demonstrate he was no longer "an unacceptable danger to the public"
He sought a court declaration that his rights had been breached by failure to facilitate his progress towards release and damages of pounds 5000.
Lord Glennie rejected Reid's claim in 2015 and refused to award him compensation from the Scottish Government.
The judge heard that in prison Reid continued to deny he was a sex offender. His victim had her skirt ripped aside and her jersey pulled up.
Reid appealed against the ruling to three judges at the Court of Session claiming that Lord Glennie had erred.
But Lady Paton, who heard the appeal with Lord Brodie and Lord Malcolm, said: "We have concluded that there has been no breach of the duty arising from article 5, and that the petitioner (Reid) is being provided with opportunities reasonable in the circumstances for him to rehabilitate himself and to demonstrate that he is no longer an unacceptable danger to the public."
Lady Paton said: "Prison authorities, assisted by experts, have to exercise a degree of judgement in questions of rehabilitation of prisoners, and may at times be constrained by the resources available, the competing claims of other prisoners and the assistance forthcoming from other bodies or authorities in respect of services and accommodation."
The senior judge said Reid's past history had to be taken into account, including the unprovoked killing, the high level of risk he presented and the lack of success when he was given a chance to progress towards integration shown when he abducted and assaulted an 8-year-old girl in 1986.
She said his insight, understanding and ability to co-operate with programmes was also a factor and agreed facts revealed "clear and concerning limitations". Reid was said to have "a moderate degree of psychopathy and dissocial personality disorder".
Lady Paton said account had also to be taken of the limited resources available to the prison authorities.
She said: "We do not accept that the petitioner's history per se entitles him to priority over all other prisoners."
Lady Paton added that professionals asked to give expert advice in such cases had to have a reasonable time in which to operate. She said: "They are dealing with matters of considerable difficulty and importance."
She said the appeal judges were of the view that the steps taken with a view to rehabilitating Reid showed "a careful and consistent endeavour" by the SPS to give him reasonable opportunities for rehabilitation.