Killer com­plains of smok­ing cons

Rutherglen Reformer - - News - Strat­ton Wil­liams

A man serv­ing life for the as­sas­si­na­tion of a mil­lion­aire’s son in Cam­bus­lang has taken the Scot­tish Gov­ern­ment to court over pas­sive smok­ing in pri­son.

Wil­liam ‘ Tiler’ Gage was jailed af­ter the gang­land shoot­ing of Justin McAl­roy in March 2002 over a £50,000 drug debt.

Mr McAl­roy’s fa­ther, builder Tommy McAl­roy, owned Dalziel Coun­try Park and Golf Club in North La­nark­shire and rubbed shoul­ders with politi­cians, in­clud­ing former First Min­is­ter Jack McCon­nell.

Gage (44) has made re­peated com­plaints to the author­i­ties at Shotts jail, where he has been held since 2004, over his ex­po­sure to other cons’ smoke.

The non-smoker has now raised a ju­di­cial re­view at the Court of Ses­sion in Ed­in­burgh, seek­ing a dec­la­ra­tion that it is un­rea­son­able and un­law­ful to de­tain him in such con­di­tions.

In the ac­tion he says his fa­ther, who was a smoker, died from lung can­cer.

He wor­ries that the fumes from pas­sive smok­ing that he breathes in will cause him to con­tract can­cer.

Lawyer Christo­pher Pirie, for Gage, told judge Lord Arm­strong: “All he seeks is to be held in part of one of the 15 pris­ons which the re­spon­dents con­trol in which he is not ex­posed in­doors to tobacco smoke.

“In my sub­mis­sion the ev­i­dence shows that the re­spon­dents have de­tained the pe­ti­tioner for more than a decade in con­di­tions that they cor­rectly be­lieve to be un­safe, with­out tak­ing steps to look for an al­ter­na­tive.”

In the ac­tion it is said that in­mates at the La­nark­shire jail smoke in their cells in ac­cor­dance with pri­son rules.

But smoke has col­lected in com­mon ar­eas and pen­e­trated from there into Gage’s cell.

Lord Arm­strong will give a de­ci­sion in the ju­di­cial re­view case later.

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