Family of Perth stabbing victim concerned over temporary release rules for killer Robbie Smullen

The family of a Perth stabbing victim have raised concerns over the rules that could determine his killer Robbie Smullen’s temporary release from prison.

Smullen was denied parole earlier this month, halfway through his sentence for culpable homicide for knifing Barry Dixon to death in a flat in the city.

The career criminal was out on three bail orders at the time of the attack.

While Barry Dixon’s family were fighting the potential release of Smullen on parole, they were also informed that the Scottish Prison Service (SPS) was separately considering him for temporary release.

Jade Taylor, Barry’s aunt, told The Courier: “I think it’s abhorrent that someone like Smullen can be considered for temporary release from prison when he has just been denied parole.

“Surely temporary release should be denied for the same reasons as his parole was denied.”

Community not told of potential release

While making their representations to SPS, Jade was shocked to discover the service takes community feedback into consideration.

The aunt questions how people could make their views known when SPS doesn’t notify them of the potential temporary release of killers back into the area.

The rules state, prior to granting any form of temporary release, the Governor must consider:

• the views of any victims of that offence or offences
•  the views of any persons residing in the community in which the prisoner will spend the temporary release, where those views are made known to the Governor.

Jade has now set up a petition to collect support from the community to keep the killer behind bars.

The aunt said: “I wish we had been aware of the fact the Scottish Prison Service has to consider the views of the community sooner, which would have afforded us more time to gather support from the public.

“The existence of this rule is at odds with their actions when they do not forewarn the public of the impending temporary release of offenders like Smullen.”

Despite the wording of the guidelines, The Courier understands SPS mainly collects community views through avenues like social worker reports and news reports rather than fresh consultation.

‘He should be serving his sentence for stabbing a young boy’

Barry’s family have again made strong representations to the prison service to keep the killer locked up.

These are in addition to the representations they made to the parole board.

Jade told The Courier: “Smullen has been in and out of prison from a young age.

“He is now back in prison and should be serving his sentence for stabbing a young boy to death, but instead someone is looking to reward him with temporary release, putting so many others at risk of harm.

“How can this even make any sense, what message is the Scottish Prison Service sending to people like Smullen who have a depraved indifference to the lives of others?

“It is just so sickening and serious changes need to be made urgently.”

Smullen will go before the parole board again in July next year.

A Scottish Prison Service spokesperson said: “While we do not comment on individuals, the temporary release of those in our care is carefully planned, and can include a range of conditions, such as to not enter a specific area or contact certain individuals.”