ONE of Scotland’s most notorious
prisoners is claiming £15,000 damages for being held in solitary confinement
for more than five months, denying him the chance to attend church.
Sammy "The Bear" Ralston, 39, says his spiritual
needs have suffered while he has been unable to attend Church of Scotland
services in prison along with fellow adherents.
Yesterday, his lawyers went to court to try to secure his
return to mainstream conditions, alleging that his lengthy segregation was a
breach of human rights.
But just as the hearing was about to begin, the prison
authorities announced that there was no need for a judge to make any order, as
it had been decided that Ralston would be transferred today.
Ralston, from Cranhill, Glasgow, is serving a 12-year
sentence imposed in 1997 for his part in an armed raid at a shop in Carntyne,
Glasgow. He had denied the offence, telling a jury that he would never have
carried out a robbery without disguising his face, as the raider had done.
"Even Dick Turpin wore a mask," he said. "I
am being fitted up for who I am."
Previously, Ralston had amassed a formidable criminal
record. In the late 1980s, while serving six years for assault and attempted
robbery, he led rooftop protests at Barlinnie and Peterhead jails, and was
given a seven-year sentence for assaulting a prison officer.
Ralston has long been a thorn in Scottish ministers’ sides.
In November 1997, The Scotsman revealed that, while serving in Shotts Prison,
he instructed similar legal action to be taken against the prison service,
after he claimed his right to attend church had been denied.
At that time, he said: "I am being denied my basic
human rights. They are saying that I can see the Catholic priest - he’s a nice
guy, I like him - but I’d rather speak to someone of my own faith."
In 1998, a sheriff commended his legal skills when he
attempted to sue Donald Dewar, then Scottish secretary, for £15,000, claiming
that the addition of 73 days to his sentence, one for each of the days during
which he was absent from Dungavel prison, was unfair. He had claimed that he
was abducted at gunpoint, with a jury clearing him of absconding.
Last November, he was being held in Kilmarnock prison under
the 1997 sentence. He was segregated and deemed to be "confrontational and
threatening to staff". His isolation continued when he was moved to
Barlinnie in January.
With the help of legal aid, Ralston has asked the Court of
Session to rule that the segregation breached his human rights, and to award
him up to £15,000 damages.
In the action, Ralston’s lawyers say the decision to
segregate him was disproportionate, unreasonable and unlawful. He had not been
charged with any criminal offence, or breaches of prison discipline.
The petition claims that the segregation can be
"psychologically harmful", adding: "He has been detained in a
small cell in isolation from other prisoners. He is not permitted to talk or otherwise
communicate with them.
"His human dignity is diminished by the conditions of
prolonged segregation. He is depressed and disgusted by them. He has been
denied access to religious worship on the same terms as non-segregated
prisoners.
"He is an adherent of the Church of Scotland. In
custody, other than when in segregation, he has been in regular attendance at
church services held within his prison. He wishes to worship in the company of
other adherents.
"His spiritual needs are prejudiced by his inability
to so worship."
Pending a full hearing of the case, Ralston’s lawyers
intended asking Lord Mackay to order the Scottish ministers to arrange
Ralston’s immediate return to mainstream prison conditions. James Mure, the
counsel for the Scottish ministers, told the court that negotiations to that
end had been taking place during the last few weeks. He said he was happy to
report that a place had become available at Shotts prison, and the Scottish
ministers were prepared to undertake to transfer Ralston by 6pm today.
"He will be detained in association with other
prisoners," added Mr Mure. "But this undertaking is made without
prejudice to his [Ralston’s] behaviour justifying or requiring segregation
anew."