Victim of Scots dumbbell maniac felt 'gagged' by parole confidentiality agreement

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A woman nearly killed by a murderer on home release from prison has said she feels "gagged" after being forced to sign a confidentiality agreement to attend his parole hearing.

Linda McDonald was attacked by brute Robbie McIntosh who bludgeoned her with a dummbell while she was in Templeton Woods on the outskirts of Dundee in August 2017. He was out of jail on home leave from Castle Huntly when he launched the frenzied assault - striking her repeatedly.

Ms McDonald said she felt McIntosh's right to privacy took priority over her rights as a victim after she was only allowed to attend his parole hearing if she signed a confidentiality agreement.

She hit out at the move as she felt the hearings were traumatising but she wanted to attend as part of her recovery.

The agreement meant she was only allowed to inform her husband and children of the outcome.

She told the BBC: "You're giving me permission to tell them, but I can't control what they do or what they see or who they know. I have an elderly uncle who's 85 and he's saying, what happened Linda, did he get out?

"And you know, you're gagged. It's horrible to put that stress upon me to say, I'm not supposed to tell you whether he's getting out or not."

She said she now risks a "substantial fine" if she reveals personal data or information discussed at last month's hearing.

McIntosh was sentenced to five years in prison for the attempted murder of Ms McDonald and also given an Order for Lifelong Restriction (OLR). He was just 15 when he carried out a frenzied attack on dog walker Anne Nicoll in a secluded area of Dundee in 2001, stabbing her 29 times and stamping on her head.

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In its guidance to victims, the Parole Board for Scotland states: "Anything disclosed during the hearing should not be disclosed to any outside party afterwards."

The prison sentence he was given was for the attempted murder was a minimum of five years which made him eligible for parole from 2022. No application for release was made on McIntosh's behalf on that occasion or at last month's hearing and that the case will be reviewed in two years.

The Parole Board must publish its reasons for releasing a prisoner. There is no requirement to publish summaries when a prisoner is not released, although the panel may decide to do so.

In 2022, following McIntosh's first parole tribunal, the body issued a public statement on social media, due to "considerable interest", confirming he would not be released. Ms McDonald said: "I was so grateful because it took the stress and pressure off of me."

Under 2022 legislation, victims in the cases of prisoners given life sentences, orders for lifelong restriction and extended sentences, have the right to observe the parole hearing, usually by live video link.

Ms McDonald said the confidentiality agreement should "be more specific" about which information cannot be revealed, rather than covering every aspect of the hearing.

She said: 'I feel threatened If they were to say, you cannot discuss whether it's medical or anything pertaining to the prisoner, then I would understand that."

Ms McDonald subsequently received a letter from the Parole Board saying McIntosh would not be released. This was not covered by the confidentiality agreement she signed - something Ms McDonald said she was not made aware of.

The Parole Board for Scotland has now clarified to BBC Scotland News that such a letter would not be subject to the agreement. Ms McDonald said all she cares about is that McIntosh is never released.

She said: "I was at the hands of this monster and nearly died. The rules are, that I was told if I spoke out it could affect whether I'm allowed to attend future parole hearings.

"I feel threatened by that statement, I feel gagged."

The board said it was "very aware" of the potential impact of the parole process on victims and said it had taken steps to engage with victims "including through the provision of information".

A spokesperson said: "Victims are asked to sign a confidentiality agreement to confirm they are aware of the requirement for confidentiality and will comply with it."

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