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Prisoner sentenced via video link from prison in Scottish legal first

Adam Gallagher is led from court.
Adam Gallagher is led from court.

Scottish legal history was made yesterday after a convicted killer was sentenced via video link from Perth prison.

Adam Gallagher was deemed “too dangerous” to bring to court, which resulted in the legal first.

It is understood the step has never been taken in Scotland before – though it has been used in England in connection with high profile offenders such as Scots serial killer Peter Tobin.

Appearing on a large TV screen before Sheriff Richard McFarlane, the 30-year-old was casually dressed in a light blue shirt and appeared calm.

A delay in the system resulted in a short pause as he was asked to confirm his name.

Gallagher was being sentenced in relation to two incidents where he had smashed up cells. Depute fiscal John Malpass told the court that prison officers has spent hours negotiating with Gallagher after the first incident.

He said: “At around 6pm the accused decided to smash up his cell – ripping sockets from walls, damaging the spy glass in the door, ripping bolted seats from the floor and damaging the walls.

“As a result prison officers spent two hours trying to diffuse the situation and the accused eventually complied. He was removed to another cell to secure him and remove disruption to other inmates.

“In relation to the damage, it was priced at £2,242.30.”

He added that the second instance had caused damage to the value of £1,907.

Solicitor Kevin McCarron, representing Gallagher, said it was “safe to say he’s been a difficult prisoner for the SPS (Scottish Prison Service) to manage”, adding that he had “long-standing anger management issues”.

He said: “He can only apologise for his behaviour. He’s paid the price in part through loss of privileges but he realises he has to answer to the court for it.

“There is no rhyme or reason for it. He’s got a particularly short fuse and he’s been unable to access courses to deal with that.”

Perth Sheriff Court.
Perth Sheriff Court.

Gallagher interjected to tell the sheriff that he had been requesting help with his anger management issues for the past seven years.

The killer is serving a life sentence for the brutal 2006 slaying of fruit picker Marek Smrz, 21, who was killed just three months after arriving in Scotland.

He plunged a steak knife into the young Czech’s heart as his girlfriend robbed him of his wallet in Arbroath’s Marketgate area.

During Gallagher’s trial, jurors heard the victim had been slumped in the street after drinking, presenting too tempting a target to the pair.

The theft of his wallet roused him, however, and Gallagher intervened to struggle with Mr Smrz and then stab him.

They then ran off, leaving their victim to bleed to death in the street. Gallagher’s earliest date of release is 2020 but in the meantime he has gained an unenviable reputation as one of Scotland’s most problematic prisoners.

Since he was incarcerated he has returned to court to face a string of additional offences committed behind bars.

They include assault, vandalism and fire-raising and numerous instances in which he has destroyed his cell, costing the taxpayer tens of thousands of pounds.

His latest offences, for which he is now due to be sentenced by video on June 15, relate to destroying the contents of cells at HMP Perth on April 21 and June 13 last year.

He admitted destroying light fittings, wall sockets and fixed furniture and the door spy glass of each.

Sheriff McFarlane sentenced Gallagher, who is set to be transferred to HMP Glenochil, to serve 163 days for each of the two charges.