By Steve Bargeton, political editor

PRISON CHIEFS were last night accused of “gross negligence” after a dangerous criminal absconded from Castle Huntly open prison near Dundee and raped a schoolgirl.

In a devastating report published yesterday into the case of Robert Foye, the Scottish Prison Service admits it “was always a possibility” that he would run away again and commit further offences.

The report also admits that the authorities forgot to change Foye’s low risk category when he was returned to prison following a previous escape from the open prison.

Last night Scottish Tory justice spokesman Bill Aitken said, “The fact that this man’s security category was not amended is gross negligence, pure and simple.

“Can Kenny MacAskill possibly defend the actions of the Scottish Prisons Service?

“Does he agree with its findings? If he does, can he explain them to the poor girl who was raped by Foye, and to her family?

“The cabinet secretary for justice must come before Parliament this week, explain the actions and inadequacies of his Scottish Prisons Service.”

In 2001 Foye (28) was sentenced to 10 years in prison for the attempted murder of a police officer by driving a car over him.

In 2003 he was transferred again to Glen Ochil when his sentence was cut by six months on appeal, and in 2005 he was transferred to Friarton.

With five years still to run on his sentence, Foye was categorised as a “low risk” prisoner and transferred to Castle Huntly in September 2005—and he absconded less than a fortnight later.

He was on the run for almost two months and returned to Perth Prison with another four months added to his sentence.

But, despite the escape, his “low risk” category was never changed and less than five months later he was back at Castle Huntly again.

The report states that, “No recorded adverse circumstances review is shown after Mr Foye’s first abscond.”

Back at Castle Huntly, Foye failed a compulsory drugs test but he was still allowed to leave the jail to attend a meeting of Alcoholics Anonymous in Dundee on August 18 last year.

But Foye absconded again. A week later he dragged a 16-year-old schoolgirl into bushes near her Cumbernauld home and raped her.

Yesterday’s report, ordered by Mr MacAskill, makes it clear that the authorities were aware of the risk of Foye absconding and offending again.

SPS chief executive Mike Ewart said, “However, given the pattern of his previous offences which mainly related to dishonesty the likely assessment was that he might commit property-related crime.

“As Robert Foye had no previous convictions for sexual offences it is concluded therefore that an offence of the type committed by Robert Foye was not predictable.”

Although the rape of the schoolgirl was Foye’s first sex attack, he had a string of 59 convictions for other offences dating back to when he was just 16.

Mr Aitken described the report into the case of Robert Foye as “utterly, utterly outrageous.”

“I am stunned by the findings and contradictions in this report. If Robert Foye was assessed as a ‘high risk of reoffending’ who was likely to abscond, how did he ‘meet the criteria’ for the open estate?

“Given that he was serving a sentence for attempted murder, how on earth could the assessment conclude that when he did reoffend it would merely be property-related? And why would a property-related crime be acceptable in any case? Extraordinary.”

He added, “To say that there was no way of predicting Foye would commit a sexual offence is technically accurate, but anyone with half a brain could see the man was a danger to the public.

“I cannot believe these conclusions, the public will not believe these conclusions and if the SPS weren’t trying so hard to save their own skin I doubt they would believe them either.”

Labour justice spokes-man Pauline McNeill said, “Robert Foye is a convicted violent drug user with a record of absconding and still the prison authorities decided it was appropriate for him to go to Castle Huntly.

“How the same prison authorities can now claim that the open estate was a suitable place for him is absolutely beyond explanation.

“Kenny MacAskill should immediately distance himself from this assertion and admit that Foye should not have been in Castle Huntly after he absconded the first time. He needs to make it clear that there were serious errors under his watch and he needs to take responsibility and make sure it never happens again.”

Dundee West SNP MSP Joe FitzPatrick, whose constituency borders Castle Huntly, has requested an urgent meeting with the Scottish Prison Service.

“That Robert Foye was in Castle Huntly and able to escape, to remain on the run and to commit this horrific crime is deeply disturbing,” he said.

“I am extremely surprised that after being convicted of attempted murder and having absconded once SPS did not think he was either dangerous or likely to abscond again.”

“Instead of shouting outrage from the sidelines like the opposition parties I want to work with the justice secretary to make sure SPS implement the recommendations and people living near to Castle Huntly can feel safe.”

Lib Dem justice spokesman Margaret Smith said, “The Government must not allow the SPS to wash its hands of this case.

“I am concerned that our open prisons are being used as a temporary solution to prison overcrowding. This is unacceptable.

“While I accept that Robert Foye’s actions could not have been predicted, they could have been prevented.”