Swinney insists risk of letting Brown out was assessed as row over day trips rages

Demi Hannaway’s family are demanding to know why the Scottish Prison Service cleared violent thug Andrew Brown for unescorted visits out of jail despite him having a known history of intimidating witnesses.

First Minister John Swinney gave parliament assurances last week that risk assessments had been carried out.

But Demi’s family are furious that Brown’s conviction for threatening a family member appears to have been overlooked by prison bosses.

Brown was fined in July 2022 for threatening Demi’s cousin – saying he would slash her throat before adding: “You’re next!”

© Supplied

The Sunday Post can also reveal that other charges relating to intimidating witnesses were dropped as part of a plea deal at his trial for domestically abusing Demi.

Brown was caught on CCTV smashing a window as Demi’s sister Caitlin’s home in June 2021 – just four weeks after Demi’s death – and had also faced accusations of breaching bail conditions for making threats.

Those charges were dropped in a plea deal which meant that he got a shorter sentence, which in turn meant he has become eligible to be moved to an open prison and for unescorted outside trips after just one year in jail.

The deal was done at Lanark Sheriff Court in May last year by the procurator fiscal, who, Demi’s family say, excluded them from discussions.

Demi’s father John said: “We were shocked and angry to be kept out of the secret plea deal done with Brown which removed a number of sickening violent incidents towards our daughter and others.

“Brown was given five months off his sentence for entering a guilty plea, which put it down to 43 months. The trial had already started, and witnesses had already given evidence when he entered a guilty plea.

“If the PF had only been open with us, we could have given him further evidence of just how ­dangerous Brown is. We were denied that opportunity.

“No wonder Sheriff Derek Livingston looked exceptionally unhappy that day and made a deliberate point of asking the procurator fiscal if they were happy to proceed with such an agreement, and they were. If the deal had been challenged, it would have meant Brown was given a 48-month sentence, which would have categorised him as a long-term prisoner.

“A long-term prisoner would have been required to serve at least two-thirds of that four-year sentence before being moved to an open prison or considered for early release. Brown would not be in Castle Huntly today or enjoying ­unescorted visits out.”

Demi Hannaway’s violent attacker set for home leave from jail – just a year into 43-month term

John added: “From the start of the new inquiry into Demi’s death, we were asked by the police to protect the integrity of the investigation only to find out – a year into Brown’s 43-month sentence – he has been granted the privilege of open prison, unescorted day release and he is now being considered for home leave.

“The integrity of the investigation has been jeopardised by this decision, not by us, but by the authorities who are in place to safeguard and undertake the appropriate risk assessment, which have obviously failed.

“We are appalled and confused by this decision, which is yet another slap in the face to Demi and our family.”

Domestic violence expert Tony Bone, a former police inspector and ex-member of Scotland’s world-renowned Violence Reduction Unit, said: “The lack of firm guidance over plea deals is utterly astonishing and has led to victims and families left devastated by what they see are questionable decisions being made within our criminal justice system.

“I seriously question whether plea deals should ever be used in domestic abuse cases anyway because they are so complex.

“I’d far rather see only specialist domestic abuse courts hearing cases like these if we are ever going to tackle the scourge we face in this country.

“Ordinary courts simply don’t have the special skills needed to deal with them.

“In the dreadful case of Demi Hannaway, it is quite clear that she and her family have been badly let down by every aspect of the system, from the police officers who attended the scene on the day she died and failed to gather all the pertinent evidence, to the PF who not only got into a plea deal in a complex domestic violence case, he deliberately excluded her family when it is good practice to involve them. Every single aspect of this case reflects all that is wrong with how Scotland deals with domestic violence, and unless there is radical change we will continue to see more Demi Hannaways.

“Sadly, there would have been an opportunity for Demi’s family to challenge what happened in this case and seek a full review. However, I doubt that was ever made clear to them at the time.”

On Thursday, Swinney was left reeling from the barrage of questions from Tory Shadow Justice Secretary Liam Kerr and Scottish Labour’s Claire Baker demanding to know whether allowing a violent thug out of prison was acceptable while the Lord Advocate Dorothy Bain KC investigates Brown over Demi’s death.

Swinney insisted the controversial decision to allow Brown out of Castle Huntly unescorted was “an operational matter for the Scottish Prison Service”, telling Holyrood: “All decisions are subject to robust risk assessment and risk management planning.”

But Kerr responded: “Really?… a year into a four-year sentence for repeatedly subjecting Demi to appalling mental and physical abuse even when she was pregnant, violent thug Andrew Brown will get home leave with one week a month out of prison.”

And Baker said: “The First Minister has been made aware that the Lord Advocate has instructed a fresh investigation into Demi’s death which includes the role that Andrew Brown possibly played in her death.

“Does he not share my concerns about leave, and how can we maintain the integrity of this investigation particularly as Brown is also looking at a release date for February?”

Swinney said: “The Lord Advocate’s examination will be undertaken independently of any other processes, and I cannot prejudge where that investigation would go. Claire Baker will understand that I cannot intervene in the actions of the Lord Advocate.

“However, I will take away the issues she has raised with me about any interconnection between those two different ­processes, one of which is undertaken by the SPS, one of which is undertaken independently of ministers under the supervision of the Lord Advocate.”

© Andrew Cawley

The Scottish Prison Service refused to comment on whether it had been made aware of Brown’s past threats but said: “Anyone assessed for community access is subject to a rigorous multi-agency risk assessment and, if approved, individualised plans are put in place to meet their identified risks and needs.”

The Crown Office said: “Prosecutors have a duty to ­consider pleas offered by the defence and will accept adjusted pleas where it is in the public interest to do so.

“In making this assessment, prosecutors will consider all the circumstances of the case including the available evidence, the nature and seriousness of the offence and the impact on ­victims and communities.”