£500 for killer who missed out on parole date
A MURDERER who killed a man with a concrete slab has successfully sued prison bosses for not giving him a ‘reasonable opportunity’ to rehabilitate himself.
Stuart Quinn is serving 18 years for his part in the killing of a man in 2001 after an Old Firm match.
During a hearing at the Court of Session, the killer claimed he had not been given the chance to rehabilitate himself while behind bars because his participation on pre-parole courses had been delayed.
The 44-year-old said that would make it more difficult for him to be released in two years’ time.
Quinn, from Wishaw, Lanarkshire, said he had been deprived of an opportunity to show to the Parole Board for Scotland that he ‘no longer presents an unacceptable danger to the public’.
He was jailed for life along with Dominic Ferrie and notorious drug baron Stephen Nisbet for the murder of David James, 37, at a flat in Craigneuk, Wishaw, in 2001.
During a party celebrating a Celtic win over Rangers, Mr James was thrown from a first-floor window before being stamped on and hit with broken concrete slabs. Quinn was ordered to serve a minimum of 18 years and is eligible for parole in May 2019 but he believes his chances of release have been damaged by the way authorities prioritise prisoners for rehabilitation courses.
Judge Lord Glennie threw out his case last year but he has now been successful after appeal judges ruled he has been subject to unacceptable delays. He is to be awarded £500 in damages.
Lord Malcolm, sitting with Lady Clark and Lord McGhie, said: ‘The petitioner states that he will need to spend at least four years in the post-coursework preparation for release phase, which means he should have been offered the necessary coursework in time for its successful completion by May 2015.
‘As of January 2016, he had merely been assessed as requiring coursework of various kinds.
‘There was no possibility of a successful application to the parole board at or about the time of the expiry of his punishment part. It is of fundamental importance that a person does not remain in detention without proper justification.
‘In our view, the extent of the delay, in itself, demonstrates that the petitioner has not been given a reasonable opportunity to demonstrate his rehabilitation.
‘No doubt if greater resources were devoted, or the demand for courses was less, this would not have occurred, but this does not mean that the duty has been fulfilled. It is simply an explanation for non-compliance.’
Quinn, who is an inmate at HMP Glenochil, had originally sued the prison authorities for £10,000 but that figure was later reduced to £500.
His lawyers argued that he will be unable to complete the courses before May 2019, so would not be considered for parole then.
The court heard that the Scottish Prison Service (SPS) makes ‘every effort’ to ensure prisoners are given spaces on programmes but this could not be guaranteed due to the length of the waiting lists.
An SPS spokesman said: ‘We have just received the judgment and we are considering the full implications of it.’
‘Demonstrate rehabilitation’