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Wednesday, August 4, 1999 Published at 17:25 GMT 18:25 UK


UK Politics

Wallace defends killer case actions

The release of Noel Ruddle (centre) provoked uproar

Scottish Justice Minister Jim Wallace has insisted the government did try to stop a mentally ill killer walking free from court on a technicality.

Mr Wallace was responding to accusations that the Scottish Executive failed to prevent Noel Ruddle's release.


Jim Wallace: "Ministers did attempt to prevent the release"
On Monday, a sheriff upheld a contention by Ruddle's lawyer that the state hospital at Carstairs could no longer treat him and he would receive more appropriate treatment programmes elsewhere.

The 44-year-old, who admitted shooting neighbour James McConville dead with an assault rifle in 1991, was then released.

The sheriff heard how Ruddle's apparently untreatable personality disorder was different from the psychotic disorder he was suffering from when detained in 1991.

Mr Wallace spent Wednesday discussing the case with lawyers, officials, and representatives of Scotland's political parties.

And he denied reports that the case will open the floodgates in Scotland on further bids for release by other dangerous inmates at Carstairs.


[ image: Jim Wallace: Ministers assessed case]
Jim Wallace: Ministers assessed case
Mr Wallace said: "Ministers did attempt to prevent the release of Noel Ruddle but the court decided that he should go free.

"There are not 15 other cases waiting for appeal and this judgement does not mean an early release for any other patients.

"Ministers cannot overturn the judgements of the courts simply because they don't like them."

Mr Wallace said the judgement was made by an experienced sheriff and was carefully considered by the government's lawyers.

"As a result, ministers concluded that an application for judicial review would not have prevented or delayed Mr Ruddle's release," he added.

Government advisers

However, Mr Wallace stopped short of announcing emergency legislation in the Scottish Parliament and said he has urged government advisers to examine the issues raised by Ruddle's release.

Rosanna Cunningham, the Scottish National Party's shadow justice minister, said she had been assured emergency legislation would be enacted to plug the loophole which had enabled Ruddle's release.

She said: "We were assured that there would be early legislation enacted under emergency provisions of the standing orders of the Scottish Parliament.


[ image: Ruddle was detained at Carstairs]
Ruddle was detained at Carstairs
"It's impossible to give a time scale but they were talking about September."

She said she believed emergency legislation could be introduced within days, preventing any other patients being released because their appeals would not be completed.

"It's a race in terms of time - legislation or appeal. The legislation could be enacted fast enough effectively to head off the further appeals."

Scottish Tory leader David McLetchie, who appeared with Ms Cunningham, said the detailed workings of changes to the law were not yet clear.

But he added: "It would mean continuing detention of persons considered to be a danger to the public and suffering a personality disorder."



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