Ayrshire teen thugs released early

Dec 19 2008

YOBS who beat an innocent teenager unconscious are to be freed after serving just a quarter of their prison sentences.

Some of the gang will be tagged and released from jail in time for Christmas – the rest will be out early in the New Year.

And their outraged victim only learned of their shock release when the Ayrshire Post contacted him.

The 19-year-old said: “I was under the impression that they would be in prison over Christmas and New Year and it might make them think seriously about what they have done.

“To release them a few weeks into a six month sentence is no deterrent.

“Justice hasn’t been done here, this is a slap on the face.”

Four members of the gang – who were sentenced to six months at the beginning of November – will be freed two days before Christmas.

While those who were given shorter sentences are already out.

Lee Nimmo, 18, Darren Nimmo, 16, Derek Graham, 17, and Josh Johnston, 16, all admitted their parts in a vile attack on the 19-year-old man and a 15-year-old schoolboy in Cumnock last year.

Another member of the gang, Garry Milligan, 16, was sentenced to four months in jail – he was released on December 9.

Thomas Milne, 17, Marc Muir, 16, Shaun Burley, 16, and Martin Giraldas,17, were each jailed for eight months. They are expected to be released early in January.

Scott Caddis, 17, will be eligible for release after just two and half months of his 10 month sentence.

In another flaw in the justice system, three under 16s jailed for the attacks will have to serve the full 50 per cent of their sentence in secure residential units because there is no tagging system for children.

Cathy Jamieson is the MSP for Cumnock, Carrick and Doon Valley and she was Justice Minister when the home detention curfew scheme came into force.

She said: “I’m very concerned at the way the system is being used.

“It was not intended for violent offenders. Nor was it intended for those on short term prison sentences, which these boys are.

“The idea was that it be used for people nearing the end of their sentence to reintegrate them into the community.

“It was a way of managing the prison population and was for those who have taken part in other prison programmes. Not for people like this.

“This will cause upset for the victims and the victims’ families. When the Sheriff passed sentence on these boys he would have passed a sentence which he clearly felt was appropriate. I’m sure the Sheriff will be surprised to learn that these boys have been released so soon.”

In Scotland, prisoners have to serve at least 50 per cent of their sentence. After half of that they can apply to the Scottish Prison Service to be released on the scheme.

The prisoner has to remain within their home between 7pm and 7am. If they break the curfew or remove the tag, the authorities are alerted.

Last week, four more of the boys involved in the attacks were sentenced at Ayr Sheriff Court.

Daniel Fitzsimmons, 17, admitted taking part in forming a gang and brandishing weapons. He was ordered to carry out 100 hours of community service.

Jamie Dabrowski, 16, pled guilty taking part in the assaults in The Square and The Tanyard on November 10 last year. He was jailed for eight months.

James McClelland, 18, and Darren McClelland, 16, both admitted taking part in the attack on the 15-year-old. They were jailed for two months.

The Scottish Prison Service refused to comment.