Life should mean life. You take away someone’s life, you forfeit your own by losing your liberty. Forever. That’s what any right-thinking member of the public – liberals aside – should expect from the courts. Except the reality is life doesn’t mean life in Scotland.
Disparities in sentencing have long been a bugbear of both public and professionals alike – we’ve all seen reports of killers being sent down for as little as 10 years and as high as 30. And it’s wrong, wrong, wrong.
Earlier this week, evil serial rapist Graham McGill was sentenced to just 14 years in prison for murdering an innocent woman in her own home – this after he evaded justice for more than 35 years.
It was said in court he wanted to kill because he “just wanted to know what it felt like”. And so he did. He strangled Mary McLaughlin – a trusting, friendly mother of 11 – with her own dressing gown tie and left her body to rot.
Since 1984, he remembered what it felt like to take a life – and his paltry punishment must seem like a joke to him. At the age of 59 and with poor health, perhaps the judge felt he’ll shuffle off this mortal coil long before the 14 years is up. Justice served. Public appeased. Family satisfied.
Except they’re not. And we’re not. They’re confused and angry.
Just days before McGill was sentenced, another high-profile murder case had dominated the headlines.
Edinburgh actor and reformed bad boy Bradley Welsh was shot dead outside his home in the capital in April 2019. The victim of a gangland execution, Brad didn’t stand a chance against the lone gunman who ambushed him as he headed home to his partner and little girl.
The shooter, Sean Orman, was ordered to serve at least 28 years in prison for the murder and had another 10 years added for the attempted murder of another man. So, 38 years the 30-year-old will do inside.
Don’t get me wrong. I agree with the length of that sentence but who decides whose death (and life) is worthy of a bigger punishment? What did the judge see in Orman that another judge didn’t see in McGill? Is one murderer classed more dangerous than another? We know judges’ hands are tied due to sentencing guidelines of course but that still doesn’t explain the imbalance between the lengths of sentencing.
Murder is murder, whatever the circumstances. Shooting someone point-blank in the head is no more evil than strangling a woman in her own home. Where is the consistency in sentencing?
The public rightly demand and expect tough sentences for the most heinous crimes in society – murder, sexual crimes, child abuse – but time and again we’re left scratching our heads when the punishment doesn’t fit the crime.
Didn’t we all feel aggrieved last month when it was revealed that the mother of Mikaeel Kular was released just six years after killing the two-year-old in Edinburgh? Six years for the culpable homicide of a defenceless child. It beggars belief life – – is considered so cheap.
Life sentences for murder are mandatory but here’s where it gets erratic. The judge must order a life sentence but they must also set down the punishment part of the sentence – that is the length of time the accused must serve in prison before they can apply for parole: 14 years, 20 years, or in the case of serial killer Angus Sinclair, 37 years – the longest punishment ever handed down in a Scottish court.
Punishments that last longer than a killer’s natural life span are rare. But they shouldn’t be.
I often snigger when I see sentences of 150 years handed down in the US, I mean, how many 150-year-olds do you know? But in all seriousness, they’ve got the right idea. Ridiculously high sentences mean the perpetrator won’t ever see the light of day again and the public can breathe a sigh of relief knowing that one more dangerous predator is off the streets.
Those who commit the most atrocious of crimes are hardly likely to ever be rehabilitated enough to be reintroduced into society so why not whole life orders? Families and victims would have the justice they seek and society would feel like the justice system is stacked in their favour.
When a judge says in court, “I must sentence you to life imprisonment” they should really be able to mean it.
We were strangers.. but Brad still offered to come to my aid
I last spoke to Bradley Welsh about six months before he died. I didn’t know him personally but one day a few years ago he got in touch to ask me to investigate charity fraud.
I was aware of him and his reputation and at first felt a bit intimidated by this strong character who came buzzing down the line talking nine to the dozen, telling me I should be investigating something really important.
We chewed the fat for a wee while as he told me my profession needed to redeem itself and he had the perfect story.
His sporadic phone calls became a thing. He’d call me up every few months asking why I wasn’t investigating the company he was railing at. He’d attempt to argue with me, I’d answer him back and we’d end up having a laugh and a joke.
He’d slag off my work and I’d retort he wasn’t exactly Mother Theresa and to get off his high horse. There were legal issues surrounding his allegations but there was no talking to him.
He’d say: “Ach, c’mon you know it’s happening so have a look at it.” He knew there was no way I could prove his belief that a charity was indulging in some nifty skullduggery but it didn’t stop him hassling me every once in a while just to remind me he hadn’t forgotten I hadn’t done an expose.
“C’mon Jane, you’re an investigative reporter, do your job! Expose them!” No amount of telling him of the legal constraints placed on me made a blind bit of difference.
When I was having some very public trouble on social media, he called and asked if I was OK and did he need to step in? I very politely refused his offer and he went on his way. Despite the fact we were complete strangers I was touched when he thought he could help someone who was in a job he didn’t even like very much. I know from his friends he would help anyone if he thought they needed it.
As infrequent as his calls were, it’s weird not to hear his booming voice shouting at me down the line and the wee titbits of gossip he’d drop into the conversation.
I hope his family and friends feel that justice has been done and can find some peace of mind now his killer has been locked up.
I'm a TV character
Nobody likes a bragger but I couldn’t help feel amused and delighted when I heard the news that a screenwriter has decided to make me and Professor David Wilson characters in his new TV drama.
It’s based on a real-life case I have worked on most of my professional life, so I’m quite excited to see what he does with it.
Of course it goes without saying I’ll be letting you all know when it’s on the telly.
Now who is going to play me? Is Mila Kunis free?
