By Brian Smith

THE MAN who raped a 16-year-old girl while on the run from Castle Huntly poses such a risk of sexual violence that Judge Lady Smith said she had to consider a lifelong restriction order.

She observed that the social inquiry reports prepared for yesterday’s hearing at the High Court in Edinburgh found Robert Foye was at “a very high risk of further violent offending.”

She also noted the report prepared by a psychologist for the hearing showed he was clearly very concerned.

The psychologist assessed that the “level of sexual violence was at the severe end of the spectrum.”

The judge noted that the risk posed by Foye required long-term supervision, possibly lifelong.

Lifelong supervision would mean Foye was either in prison or subject to restrictions on his release for the rest of his life.

Lady Smith also said she was now aware that not only had Foye escaped from Castle Huntly in 2005, he had also tested positive for opiates a few weeks before he escaped again to commit the rape which brought him before the court yesterday.

Defence counsel Paul McBride said Lady Smith had asked to be addressed at some length on the question of risk to the public.

This was in order to examine certain types of sentence open to her.

Mr McBride said, “There are a limited number of experts in this area in the country.”

The detailed nature of the exercise required interviews to be carried out in considerable depth.

One such expert authorised by the body responsible for carrying out these types of risk assessment had been identified but, counsel said, it was not thought he would be able to complete the assessment within an initial period of 90 days.

In this case a further adjournment might be required.

Mr McBride suggested that the judge would want to have the full statement available not only for the protection of the public but also for Foye’s own protection.

Any statement by those carrying out the risk assessment would also have to examine any treatment that might be available to Foye.

Foye admitted raping the schoolgirl when he appeared at the High Court in Glasgow last month.

The offence was committed in his home town of Cumbernauld last August when Foye was on the run from Castle Huntly in the Carse of Gowrie.

He had been allowed out to attend an Alcoholics Anonymous meeting but did not return and had been on the run for almost a week when he carried out the attack.

Foye was half-way through a 10-year sentence for attempting to murder a policeman.

The admission at the High Court put Scottish ministers on the spot with a series of questions about the running of the country’s open prison system being asked at Holyrood.

Foye’s case was said to be the latest in a series of high-profile incidents at Castle Huntly and its sister establishment Noranside which created public concern.

First Minister Alex Salmond and Justice Secretary Kenny MacAskill promised an investigation into open prisons carried out by former First Minister Henry McLeish.

The Justice Secretary also ordered the Scottish Prison Service to investigate the Foye case.

Deferring sentence, Lady Smith said she would require a report from a psychologist approved by the Risk Management Authority.

She said, “This will be very detailed and involve a considerable amount of work by the authors. It will take quite some time to prepare.”

She initially deferred sentencing to May 6 at the High Court in Edinburgh but told Foye it was likely the sentencing would have to be deferred for a further 90 days to July 29 again in Edinburgh.