Sheriff refuses to lock up raider ‘as he won’t get cancer drugs in jail’
A SHERIFF yesterday refused to jail a thief with cancer because it would be ‘sentencing him to death’ after hearing claims he had been denied medication behind bars.
Michael Nicol has been held at HMP Grampian since November after staging a £2,700 raid on an Aberdeen supermarket with two other men.
The 40-year-old had been diagnosed with a form of breast cancer and claims he carried out the robbery in the hope of being jailed to bring some stability to his life.
He appeared at Aberdeen Sheriff Court on Tuesday, where he pleaded guilty to theft and is now awaiting sentencing.
But the court heard claims he is being refused access to prescribed cancer medication. Sheriff Graeme Napier said: ‘If I’m sentencing him to custody, I’m sentencing him to death. I don’t want to do that.’
Fiscal depute Katy Begg told the court the alarm was raised at Sainsbury’s Local on Aberdeen’s Rosemount Place just after 2.20am on November 24. The men had forced open a fire exit, with Nicol and one man entering and stuffing almost £2,700 of cigarettes into pillowcases.
During the raid, Nicol’s hood slipped down, briefly showing his face to security cameras. He was arrested the next day.
His solicitor, Kevin Longino, said: ‘About two months before this offence he was diagnosed with a form of breast cancer and started on medication. He wasn’t coping and committed this offence to get caught and go back to a structured and familiar environment. He may have deliberately removed the mask.’
Mr Longino said Nicol had been prescribed anti-cancer medication by doctors at Aberdeen Royal Infirmary but the prison service had ‘point blank’ refused to give it to him during his time in custody.
Sheriff Napier said: ‘I want to know from the prison authorities if there is justification for him not receiving a prescription he medically needs.’
The Scottish Prison Service said the provision of medication behind bars is the responsibility of NHS Scotland.
A spokesman for the Aberdeenshire Health and Social Care Partnership said: ‘Being remanded to custody does not impact on access to any healthcare services.’
A sentencing date for Nicol will be set later this week.