Paisley Daily Express

EXPRESS REPORTER

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A thug held up an ice cream parlour after being released from prison by mistake.

David Patrick, 22, had been locked up in HMP Low Moss when he was told to leave.

He went on to raid west end diner Dessert Rush.

Patrick admitted breaching a home curfew when he was back in the dock for a progress check at Paisley Sheriff Court.

Defence lawyer James Arrol revealed his client was earlier released from his jail stretch in error.

He said: “He was taken to Low Moss Prison.

“I received a telephone call from a number I did not recognise — it was Mr Patrick.

“I said, ‘ I can’t speak to you, you shouldn’t be phoning me.’

“I thought he was phoning me from a phone in prison.

“He wasn’t, he had been released. “He was released in error.

“It’s not often you get a phone call from someone you think is in prison.

“I was shocked to learn what had happened. It became apparent he had been released in error.

“His position is he was released without any paperwork.

“He was sitting in a visit, an officer came in and said, ‘you’re not supposed to be here’.

“He was essentiall­y turfed out the door. It is so unusual – especially for someone to be released in error. “I couldn’t understand it.”

Patrick has been convicted of 15 offences, including battering his partner, car theft and carrying a knife.

He was at large to terrorise staff at the ice cream parlour in Paisley’s Well Street on January 9.

He came in begging for a job.

But when he was turned away, he returned and threatened staff and demanded cash.

The raider left workers Kirsty Walker, Meghan McLaren and John Babbington stunned after jumping the counter.

Prosecutor David McDonald told how he targeted staff and only left when they refused to give in.

He said: “He vaulted the counter and started shouting.

“He picked up a knife that was within the store.

“He demanded to be given money and the keys for the safe.

“He then said, “this is a f***** g robbery, give me the money or I’ll taser you’.”

Patrick was also free to threaten and bully two teenage lads — before racing off in their car.

The yob and pal Stephen Cherry, 23, cornered the two lads on Bank Street.

He threatened to stab Daniel McKean, 18, and harassed Jordan Hemphill, also 18.

Patrick forced them to drive him around before taking Mr McKean’s Hyundai i20.

The victims were told to take the brute and Cherry to Foxbar — while the unwanted passengers talked about “taking the car off them”.

The teens were so frightened they waited on the louts during the ordeal on April 19 last year.

Patrick returned and opened a door, telling Mr McKean he wanted to drive.

He unclipped the lad’s seatbelt and took the keys from the ignition.

Daniel tried to run off, but was punched by Cherry, before the crooks ragdolled him by the hood.

Jordan managed to escape and called police.

But Patrick raced off in the car, with Cherry beside him in the passenger seat and Daniel cowering in the back.

They dumped the motor in Thrushcrai­gs with the keys still inside.

Mr McKean managed to make it to his sister’s home, where he was “chalk white”.

His hands were “shaking”, he looked “dazed” and was “stuttering and very scared”.

Defence lawyer Gemma Elder admitted Patrick had carried out “impulsive” crimes.

She insisted he “takes full responsibi­lity for his actions”.

Patrick was sentenced to 40 months for the crimes earlier this month.

Cherry, of Seedhill Road, Paisley, was jailed for 16 months.

Patrick was then sent down for an extra 18 months for a separate matter at Kilmarnock Sheriff Court.

He was back in the dock this week for a review of a Community Payback Order.

He admitted breaching a curfew on August 4 last year.

The offender was given a second chance by carrying out unpaid work and being placed under supervisio­n.

But he can no longer carry those out after being sent down.

Sheriff David Pender yesterday slapped him with nine months for breaching bail and 12 months for an outstandin­g driving case.

He was also banned from the road for three years.

The Scottish Prison Service insisted it would not comment on Patrick’s release.

A spokesman said: “Every year approximat­ely 140,000 escorts take place, 30,000 warrants are processed, and 10,000 convicted prisoners are released from custody.

“Whilst we are never complacent, the statistics show that these errors represent a very small proportion. “All errors are reviewed internally. Patrick, of Causeyside Street, was returned to his cell to start his latest spell behind bars.

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