Killer's criminal record ‘wiped clean' after self-identifying as woman
The SNP's 'reckless' gender policy has been blamed for an administrative mistake that led to a murderer's criminal record being 'cleaned'.
The Crown Office and Police Scotland are now under pressure to investigate the 'serious lapse' amid concern the case may not be isolated.
The bungle was discovered after a solicitor requested a previous convictions disclosure on prosecution witnesses in a case involving alleged conflict inside HMP Greenock.
The witnesses included the trans woman Alex Stewart, who went by the name Alan Baker before being convicted of murder in 2013.
Prior convictions for all witnesses were provided, except for Stewart, who appeared to have a clean sheet.
Sharon Dowey MSP, Scottish Conservative shadow minister for victims and community safety, warned: 'This appalling shambles, which will rightly enrage the public, demands full accountability and transparency from the Crown Office and Police Scotland.
'This won't be an isolated case'
'We already have dangerous male offenders cynically gaming the system to serve their sentences in women's prisons, and that number is only likely to rise if they spot an opportunity of having their records wiped via this ruse.
'Scotland's justice system, like all our public bodies, has been in thrall to the SNP's reckless gender policy, which the Supreme Court has ruled unlawful.
'We urgently need a directive from John Swinney to public bodies telling them to uphold the Supreme Court ruling.'
Pauline McNeill, Scottish Labour justice spokeswoman, added: 'There should be no way to erase a criminal record and we need to ensure there are policies in place to ensure that is the case.'
Dr Kate Coleman, of the campaign group Keep Prisons Single Sex, said their research had shown that individuals who switched gender 'are awarded uniquely enhanced individual privacy rights which enable exactly this sort of thing'.
She added: 'This won't be an isolated case – this is standard practice north and south of the border.
'It has widespread ramifications, including for safeguarding and the operation of Disclosure Scotland checks. For years we have been calling for urgent changes – not just for the recording of data, but the handling and disclosure of data.'
The Daily Record said the scandal came to light during the case of the hairdresser Jayney Sutherley, who killed a man with a pair of scissors.
Sutherley, 51, was acquitted at Greenock Sheriff Court last month of carrying out a four-year campaign of transphobic and homophobic abuse against Stewart, 33, and lover Nyomi Fee, 37, a child killer.
Both are serving time for murder in HMP Greenock, where Stewart was sent from a male prison after deciding to self-identify as a woman.
When disclosure requests were made by Sutherley's defence solicitor, Paul Lynch, for both killers, they returned an accurate record for Fee but a blank sheet for Stewart.
A correction was only made after the Crown was told that Stewart was appearing in the witness box as a prisoner and serving a life sentence for murder.
A new search under the killer's former name revealed their criminal history, including a conviction for the murder of John Weir, 36.
'Wicked and brutal' attack
In Jan 2013, Alan Baker, 25, invited Mr Weir into his home in Bonhill, West Dunbartonshire, before stabbing him at least 16 times.
He claimed to have acted in self-defence but was convicted of murder and attempting to cover up his crime.
In Aug 2013, at the High Court in Glasgow, Baker was told he must serve at least 19 years in jail before being eligible for parole.
Judge Lord Boyd told Baker he was guilty of a 'wicked and brutal' attack.
A spokesman for the Crown Office and Procurator Fiscal Service (COPFS) said: 'Although the initial witness check showed no previous convictions, on further inquiry by the Procurator Fiscal this was corrected prior to trial.
'Information about previous convictions is provided to COPFS by the police following a check of the relevant databases.
'COPFS have asked Police Scotland to review and confirm the processes for recording and sharing information on previous convictions.'
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