The Scottish Government has vowed to end the early release of prisoners after the killer of Dundee toddler Brandon Muir walked free despite spending less than seven years in jail.
Robert Cunningham, who is now 29, was jailed for 10 years in 2009 for the brutal killing of 23-month-old Brandon.
But because he had previously spent a year on remand, it meant he had completed a two-thirds of his sentence and so was eligible for automatic early release.
That meant he walked free from prison last week much to the anguish of Brandon’s father, John Muir.
He said: “I’m truly hurt over this and can’t believe that he is out for Christmas and New Year when it’s hard enough at this time of year for all my family.”
Brandon died in March 2008, having suffered more than 40 separate injuries in the three weeks after Cunningham moved in with the boy’s heroin addict mother, Heather Boyd, at her home in Balunie Crescent.
Boyd was cleared of any role in Brandon’s death but Cunningham, who denied murdering Brandon, was convicted of the lesser charge of culpable homicide at the conclusion of a four-week trial.
Medical experts said the toddler’s death was caused by a “massive blow” to his stomach.
The Scottish Prison Service said it could not comment on individual prisoners but The Courier understands Cunningham was released last week.
A Scottish Government spokesperson said it remains committed to ending the early release of prisoners.
A spokeswoman said: “No one convicted of murder is ever eligible for automatic early release.
“This administration is the first to take action on ending Automatic Early Release, brought in by then UK Government in 1993, and we remain committed to ending the practice for all prisoners.
“The Bill we introduced in August 2014 is the first step in this process and will end automatic early release from prison for sex offenders receiving sentences of four years or more and other offenders receiving sentences of 10 years or more.
“It is currently going through Parliament and we are committed to engage with Parliament to explore whether changes could improve the Bill.”