MP urges Keith Brown to free Craig Murray from jail to 'safeguard his life'

Murray was sentenced to eight months in prison in July after he was found to have been in contempt of court over blogs he wrote about the trial of former first minister Alex Salmond.

A call to Brown, by supporters of the former ambassador amid concerns of the 62-year-old contracting Covid in prison, was rejected earlier this month.

Now Alba MP Neale Hanvey has appealed to the SNP Cabinet minster to grant "a home detention curfew" to Murray, which would allow him to complete his sentence with his wife and family at their house in Edinburgh. 

Hanvey told Brown of a number of cases of Covid at Saughton Prison in Edinburgh which the Scottish Government confirmed tonight. Murray, who is 62, has a number of health conditions which put him at a risk of falling seriously ill should he contract Covid 19.

READ MORE: SNP councils welcome UK levelling up funds designed to 'boost the Union'

But home detention curfew is reserved for prisoners convicted of a criminal offence but Murray is held in Saughton Prison as a civil prisoner and as such is not eligible.

Hanvey has asked Brown to bring in emergency legislation which would allow civil prisoners to released under the scheme.

He stressed that Murray has a number of underlying health issues which put him at a higher risk of dying from Covid-19.

"I write to you in your capacity as Justice Secretary in relation to the imprisonment of former ambassador and new media blogger Craig Murray at HMP Edinburgh," said Hanvey in his letter sent this week.

READ MORE: SNP warn Rishi Sunak’s Budget ‘for the Union’ will undermine devolution

"You will be aware of the inequality in Scots Law which sees him treated more punitively as a civil prisoner than if he were to have been convicted of a criminal offence.  

"While criminal prisoners can be released on tag, prior to the completion of their sentence, "non-offence" civil prisoners such as Craig are currently not eligible for early release under Scots law. 

"In Craig's case, this means that if he had been imprisoned for a criminal offence he would have already been eligible for release from prison under the Home Detention Curfew provisions." 

Hanvey added: "I understand that this is a legislative anomaly that was not envisaged when the original legislation for release under Home Detention Curfew was introduced.  However it remains an issue that requires to be addressed and I urge you and the Scottish Government to do so.  

Hanvey continued: "I understand that you are not at liberty to interfere in the decisions of the Court, nor am I asking you to do so.  However I would urge you to introduce emergency secondary legislation to address the legislative anomaly which exists.   

"This would allow Craig as a non-criminal prisoner to be eligible for release under Home Detention Curfew.  In addition I seek your assurances, not only that Craig’s health will be safeguarded while he is in prison, but that any request, should it be forthcoming, for release on compassionate grounds, be considered as a matter of urgency."

He added: "In addition to this issue you will also be aware of the recent Covid outbreak within Craig's close vicinity which puts his vulnerable health at serious and immediate risk.

"As you will be aware, Craig’s chronic and life-threatening heart, respiratory and general health conditions mean that his life is at particular risk. I understand from those in regular contact with Craig that the number of infections is now 15 out of 60 people on G3 landing where Craig is being held, one in four within 10 days. 

"Furthermore there is still no continuous routine testing for COVID 19 at the prison.  I am informed that those prisoners infected only get tested after becoming ill.  I am also informed that Craig still hadn’t been tested over a week after requesting a test."

He continued: "In order to safeguard his life, I ask that any request, should it be made, for his immediate release from prison on compassionate grounds, that this be considered as a matter of urgency."

At his trial, Murray was judged to have breached a strict court order protecting the identities of women who accused former first minister of sexual assault. Salmond was acquitted of all charges following a trial at the High Court in Edinburgh last year.

Judge Lady Dorrian found Murray published information which, if pieced together, could lead to women being identified. 

At a virtual sentencing in May, she said: “It appears from the posts and articles that he was in fact relishing the task he set himself, which was essentially to allow the identities of complainers to be discerned – which he thought was in the public interest – in a way which did not attract sanction.”

Murray, a former British ambassador to Uzbekistan, joined the SNP after moving to Edinburgh.

READ MORE: France detains Scottish trawler amid ongoing post-Brexit fishing row

He stood as a candidate for SNP president last year and was defeated by Michael Russell. 

A report authored by former first minister Henry McLeish for Salmond's SNP government in 2008 set out a target to reduce the prison population in Scotland from a running total of approximately 8000 to 5000 and to reserve prison for the most serious and violent offenders.

Currently, there are around 7500 inmates in Scotland's jails including. Like Murray many are serving short sentences for non violent offences.

A Scottish Government spokesman said: “The Scottish Government, the SPS, and NHS continue to ensure the health, wellbeing and safety of all those in the care of SPS during this pandemic.

“The positive cases at HMP Edinburgh are being robustly monitored in conjunction with a local multi-disciplinary incident team.

"Consistent with Public Health Scotland COVID19 guidance for prison settings, anyone in the care of SPS who develops symptoms suggesting possible COVID19, will be clinically assessed.

"If the individual's condition suggests COVID19, a PCR test will be carried out by the prison-based NHS staff. Asymptomatic PCR testing for prisoner admissions and routine staff testing is in place at HMP Edinburgh.”

The SPS has been approached for comment.