Lawyer seeks parole board review over treatment of killer

years of freedom, is to stand trial on a breach of the peace charge.

Beattie's lawyer, Mr Joe Beltrami, yesterday welcomed the charge

against his client, saying it would give Beattie the first real chance

to put his side of the story.

But he was strongly critical of the fact that Beattie is likely to

spend at least a year in prison as a result of a charge that merited ''a

two bob fine''.

Beattie's case has already been considered by the parole board, but he

had no right to legal representation or to appear before the board to

put his case in person.

Mr Beltrami feels that the parole board procedure is a denial of

natural justice, and has asked the Glasgow Bar Association to express

concern to the board's chairman.

Beattie, then 19, was convicted at the High Court in Glasgow in 1973

of the murder of Margaret McLaughlin in Carluke. Ten years later Rough

Justice produced new evidence, which appeared to show that the murder

took place at a time when Beattie had an alibi.

In The Herald Law Page last month, Rough Justice producer, Mr Peter

Hill, also alleged that a crucial forensic report, which would have

cleared Beattie, was withheld from the court.

Mr Hill said: ''Beattie has been back in the community for six years

and has shown himself to be an honest, hard-working member of society.

It is time for justice to be done. Beattie should not be in jail.''

Beattie was recalled to Saughton prison in April this year after an

allegation that he had kicked his social worker on the leg, a claim

which he strenuously denied.

He was kept in prison following a parole board hearing last month and,

although his case comes up for review in December, he does not now

expect to be released until next April at the earliest.

Mr Beltrami confirmed to The Herald that the charge Beattie now faces

is that he behaved in a disorderly manner within the offices of the

social work department in Hope Street, Lanark, shouted and swore and

committed a breach of the peace. He has not been charged with assault.

The case has been set down for a hearing at Lanark Sheriff Court on

September 29.

He added: ''Mr Beattie and I are delighted that this allegation will

now be ventilated in open court, and be subject to the laws of evidence,

such as corroboration. This is in contrast to the rather esoteric

procedures of the parole board.

''But he has already been locked up for four months, and it looks as

if he will spend a year in prison over a simple breach of the peace

charge, which, even if proved, does not remotely justify a sentence of

that kind.

''I would like to see a review of the parole board procedure, not just

for Beattie's sake, but for the sake of a number of other prisoners in

similar circumstances.''

A lifer released on licence can be recalled to prison at any time if

there is a complaint about his behaviour, and the parole board considers

whether he has breached the conditions of his licence and is a threat to

society.

The lifer has no right to legal representation before the board, and

cannot appear in person although he can write to the board make

submissions to a member of a local review committee.

The Prisoners and Criminal Proceeedings (Scotland) Bill, which could

become law later this year, would provide the prisoner with the right to

an interview with a member of the parole board. As the Bill stands,

however, there would still be no entitlement to legal representation or

a personal appearance at the parole board hearing.