Scissor killer cleared over trans prison row after court hears of murderers' jail shower sex
Killer hairdresser Jayney Sutherley was cleared of a four-year transphobic abuse campaign.
A killer who was accused of a four-year anti-trans hate campaign was cleared after a court heard about claims that her 'victim' - a biological male - had sex sessions in the shower block with their female lover.
Jayne Sutherley, who killed a man with scissors, had been accused of hounding trans murderer Alex Stewart and his lover Nyomi Fee, a notorious child killer inside HMP Greenock.
But the case against Sutherley was found not proven after Greenock Sheriff Court heard claims that 'suicidal' trans woman Stewart, 36, had been more stressed about being moved out of the women's prison and into the male estate.
The court previously heard how Stewart claimed to have suicidal feelings after alleged transphobic outbursts by Sutherley.
These included being told she should sing Shania Twain's 'Man, I Feel Like a Woman' at a Christmas karaoke at HMP Greenock.
Sutherley had also been accused of referring to the couple as "the trannie and the beast' and 'the trannie and the dyke'.
But the Paisley hairdresser was cleared on a not proven verdict after Sheriff Millar believed there was a reasonable doubt.
During evidence yesterday, Sutherley's solicitor Paul Lynch was told by Fee that Stewart - who still has full male genitalia - used Darroch Hall's only shower block.
Lynch said: 'One complaint by some inmates was about you and Alex Stewart having sexual activity in the showers?'
Fee said no such complaint had ever reached her and that it had not been logged in the jail's 'intel' system.
Lynch also put to Fee that other women prisoners were made to feel uncomfortable after they both placed coats over their laps in a public part of the prison and were engaging in a sexual act.
The lawyer also extracted from Fee that she had discussed her evidence in advance with Stewart - despite the sheriff instructing her not too after an earlier adjournment two months ago.
After the sheriff gave his judgement, Lynch said his client had been denied parole due to this case hanging over her.
He revealed that he has written to the Scottish Prison Service twice to ask if they will now abandon the policy that allows biological males to be housed in the male estate.
He said the recent Supreme Court decision - which states that biology defines a person's sex - should be observed.
Lynch said: 'This is a case that should never have been brought to court.
'If the SPS had acted lawfully at the time Alex Stewart would not have been in Darroch Hall. It is that action that led to the situation today.
Lynch said the 'most telling' and significant evidence in the case was the fact Stewart only complained about Sutherley's alleged abuse - four years after it allegedly started - after the controversial case of Isla Bryson blew up in the world media.
Double rapist Bryson had changed gender after being accused of attacking women and was set for a female jail until a public outcry in January 2023.
All trans prisoners in women's jails were then put on a 'Rule 95' - which meant they were detained in their cells and faced being moved out to the male estate.
The SPS later decided to allow prisoners to stay if they had not shown violence against women, subject to risk assessments.
Lynch said: 'The timing of the complaint by Alex Stewart was the most telling piece of evidence in this case.'
The trial also heard that from Nyomi Fee an admission that her lover was scared because she feared she would be moved out of Greenock.
Fee said: 'Alex hasn't been the same since she was put on that rule. She is scared.
'I spoke to her. She was upset and confused. She hadn't done anything.'
Sheriff Millar said he was left unconvinced as he heard little evidence from SPS officers, despite claims that internal prison investigations had been conducted onto the allegations.
He said: 'The Crown has not produced anything that could be called corroboration outside of that grouping [the three prisoners.
'The court was told that prison officers spoke to the accused, prison staff investigated and Her Majesty's Inspectorate carried out an investigation.
'And yet a prison officer who should have known about the matters did not know about them.
'That has served to leave a doubt in my mind.
'It is because of that doubt, to which you are entitled to benefit, that I find the matter not proven.'
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Dr Kate Coleman, of the Keep Prisons Single Sex pressure group, said the case shows how biological males should not be in the female estate.
She said: 'Alex Stewart should never have been in a women's prison. The Supreme Court judgment makes it clear that he is no more entitled to be there than any other man serving a prison sentence. Why is the Scottish Prison Service so reluctant to comply with both the law and common decency and remove him, and all other male prisoners, to the male estate?
'I welcome today's verdict. But this entire case, where the witnesses for the prosecution colluded on their evidence, has been She saan injustice.
'Jayney has still been punished. Aside from the considerable psychological and emotional toll, she has repeated missed out on the possibility of parole. The process is indeed the punishment. This case should never have come to court, not least because Alex Stewart should never have been in a women's prison.'
A Scottish Prison Service spokesperson said: 'Our staff work hard to support the health, safety, and wellbeing of all people living and working in Scotland's prisons. We have received the Supreme Court's judgement and are considering any potential impact it may have."
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