THE KILLER of Dundee toddler Brandon Muir could be back on the streets within weeks.
Robert Cunningham (27) was jailed for 10 years in 2009 for killing the 23-month- old, with the crime provoking such outrage that the Scottish Government introduced new measures to protect vulnerable children.
Cunningham, who had a history of violence, attacked the child with such force that he suffered a ruptured intestine and several cracked ribs.
Now, he could be freed, as long-term prisoners are entitled to be considered for parole after completing half their sentence.
Cunningham spent a year in custody before his trial in 2009 and will become eligible for parole at the end of March.
The Courier understands preparations are already being made in case Cunningham is released.
Former Dundee councillor Allan Petrie, who ran the RealJustice4Brandon group, said Cunningham should have been given a much longer sentence.
He said: “What he got was just a nonsense. He should have got life. I think a life for a life is fair.
“Brandon would have been in primary school now. For Cunningham to get out would be just ridiculous.”
Mr Petrie warned it could be dangerous for Cunningham to return to Dundee.
“I would ask people not to be violent towards him,” he said.
“But I think it is quite possible that somebody could recognise him and react without thinking.
“He should be kept away from Dundee and kept away from children.”
A spokesman for the Scottish Parole Board said they could not comment on individual cases.
However, speaking generally, he added parole would be refused for anyone the board still considers dangerous.
“Their ultimate concern is the management of risk,” he said.
A spokeswoman for the Scottish Prison Service said she could not comment on individual cases.
If Cunningham is refused parole, then his case will be considered by the parole board every 12 months until he has completed two-thirds of his sentence and is eligible for release under licence.
Brandon died just three weeks after Cunningham moved in with the youngster’s mother, Heather Boyd, at her flat in Balunie Crescent.
Although Boyd, a heroin addict with learning disabilities who worked as a prostitute, informed social workers she had been assaulted by him, they acted too late to save her son’s life.
They were just 48 hours from holding a case conference, which could have ordered Brandon be taken into care, when he died a slow and agonising death.
After he was attacked, and despite clearly being unwell, Boyd and Cunningham took the child to a party at a friend’s flat, where cannabis was smoked openly, rather than seeking emergency treatment for him.
He was later taken home and at around 4am on March 16 2008 Boyd noticed Brandon had stopped breathing.
She called an ambulance but, despite the efforts of paramedics, he could not be saved.
A total of 40 separate injuries were found on Brandon’s body after his death.
Boyd was cleared of any role in her son’s death, but Cunningham was found guilty of culpable homicide after a four-week trial at the High Court in Glasgow, despite claiming he had only ever lightly smacked Brandon.
Inquiries later found there was no way child protection services in Dundee could have predicted what would happen to Brandon.
smorkis@thecourier,co.uk