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Scottish Government says Thomas McCulloch release ‘a matter for Europe’

Justice Secretary Kenny MacAskill watches Alex Salmond during First Minister's Questions on Thursday.
Justice Secretary Kenny MacAskill watches Alex Salmond during First Minister's Questions on Thursday.

Triple axe murderer Thomas McCulloch’s release on to the streets of Dundee was down to European lawyers, the Scottish Government has claimed.

First Minister Alex Salmond dodged the question of whole life sentences when challenged by Scottish Conservative leader Ruth Davidson at Holyrood.

McCulloch, who was handed Scotland’s first “whole life sentence” after a murderous rampage with Robert Mone from Dundee, had his sentence altered to a fixed term punishment of 30 years after a 2002 appeal to the European Court of Human Rights.

Last year, the ECHR upheld the principle of whole life sentences for the most dangerous offenders, saying it does not breach human rights, and there are currently more than 40 people in England and Wales who have been told they will die behind bars.

Scottish Government officials claimed courts have the power to hand out sentences condemning the most serious criminals to spend “the remainder of their natural life” in prison.

When challenged by The Courier over why ministers did not take the same actions as their Westminster counterparts to ensure 65-year-old McCulloch was not allowed out into the community, a spokesman for the Scottish Government said the fixed term appeal had been “a matter for Europe”.

He added the diagnosed psychopath’s release earlier this week was down to the parole board, which politicians have no influence over.

Scottish Government sources have made it known they are unhappy with McCulloch’s release, but stressed they were unable to do anything about the decision.

Ms Davidson has now written to Justice Secretary Kenny MacAskill calling for urgent talks to introduce legislation similar to England and Wales.

During First Minister’s Questions, Ms Davidson said: “It’s simple: life should mean life. Will the First Minister give an assurance… that he will finally take action to give the public the protection they deserve?

“Will he ensure that in the most extreme cases, when the most violent criminals are taken off the streets, they will never return?”

Mr Salmond replied by saying laws passed by a Conservative Government mean ministers cannot interfere with parole board decisions but both he and Mr MacAskill were “perfectly willing and able to consider suggestions that come forward in a constructive sense”.

McCulloch murdered hospital worker Neil McLellan, patient Iain Simpson and police officer George Taylor during the 1976 break-out.

He was seen going into partner Susan Perrie’s home in Dundee after his release from Castle Huntly.