John Swinney was asked today why it was “not in the interests of justice” to allow a rape victim to attend their attacker’s parole hearing after meeting with campaigners that are demanding reform.
The First Minister took time to meet with Ellie Wilson and Hannah McLaughlan, who have both bravely waived their right to anonymity, in a bid to improve victim’s rights, alongside Justice Secretary Angela Constance.
Ellie was shockingly banned by the Parole Board from going to her attacker’s hearing after his lawyers objected to her attending.
The 27-year-old has repeatedly said the current parole system is “not fit for purpose” and want to see changes made to the Victims, Witnesses, and Justice Reform Bill that promises to be “landmark legislation” for victims of sex crime.
The campaigners are asking for amendments to ensure; victims are given the right to attend oral parole hearings, parole decisions rely heavily on whether an offender has denied guilt and clear explanations of victims’ rights during the parole process.
“I informed the First Minister that the Parole Board said it would “not be in the interests of justice” for me to attend the hearing and asked what he thought about that,” Ellie said.
“He said that he found that odd, strange, and not very transparent. Mr Swinney assured me that they would look into it and are keen to meet again in a few weeks time.
“I think the First Minister’s response highlights how bad the status quo is around the parole process and it needs to change, but it will require a legislative change.”
As reported by the Record in recent weeks, Ellie, 27, has suffered a number of knockbacks after being informed that her attacker was being considered for parole.
Her ex-boyfriend, former medical student Daniel McFarlane was convicted of raping her twice between December 2017 and February 2018. He was jailed for five years in July 2022 after a trial at the High Court in Glasgow.
His parole hearing was due to take place on December 18 but was postponed. Ellie slammed the Parole Board when the new hearing was set for Valentine’s Day, describing it as “highly distressing” and appealed for compassion as she asked for it to be moved. However, the Board replied that it could not be rescheduled.
In another blow a few weeks later, she was banned from McFarlane’s hearing after he objected to her attending. Ellie said the decision was a “scandal” and that it was “an embarrassment to Scotland that rapists have more rights than victims”.
She is now facing an agonising wait to find out whether he will be released after serving half of his sentence. But she reached out to the First Minister who agreed to listen to her concerns.
Ellie added: “I was grateful that we had the opportunity to be heard and we just really hope that we would be listened to and that they will help us to make change.
“We’re thankful that the First Minister and Cabinet Secretary agreed that there needs to be transparency around how decisions are made around parole. Also that they’ve agreed to meet with us again in a matter of weeks.
“We also met with the Justice Committee about putting in amendments to the Victim’s with our campaign reforms. We will be meeting with them again shortly as amendments need to be made by March.”
Cabinet Secretary for Justice and Home Affairs Angela Constance said:“We appreciated the opportunity to hear directly from Ellie Wilson and Hannah McLaughlan about their experiences. We know that going through the parole system can be a daunting process, so we appreciate Ellie and Hannah’s openness and determination to help others. It is important victims are given the best possible support at every stage of the process.
“Although the Parole Board is independent from the Scottish Ministers and we are not in a position to comment on individual cases, we will continue to listen to victims and their families when they share their ideas, and consider ways to further improve the parole system and victim contact and notification arrangements can provide better support.”
Don’t miss the latest news from around Scotland and beyond – Sign up to our daily newsletter here.