Killer set to sue Scotland's prison service after she was forced to share jail with a man
A female killer who was forced to share a jail with a biological man is considering taking legal action against the prison service.
Jane Sutherley, who is behind bars for culpable homicide, is understood to be taking legal advice on a claim against the Scottish Prison Service after she had to share facilities with transgender women.
It comes after she was this week acquitted of being abusive and deliberately misgendering a fellow inmate.
Murderer Alexandria Stewart, who was born Alan Baker, was locked up with women at HMP Greenock and claimed Sutherley mounted a four-year campaign of abuse.
Stewart, 37, is serving a life-sentence for murder and is in a relationship within the prison with fellow killer Nyomi Fee.
Stewart was said to be left feeling suicidal due to the 51-year-old former hairdresser's behaviour, but Sheriff Thomas Millar at found the claims not proven and said that referring to the 'original biological state' of a person is not necessary 'transphobic'.
Sutherley's defence lawyer yesterday said his client had lost out on a chance of gaining parole because of the charges which had been hanging over her, and said the case should have 'never made it to court'.
Criminal lawyer Paul Lynch said: 'The only time a complaint was made against Ms Sutherley was after she stood up for the rights of her fellow female inmates following the publicity surrounding the case of Adam Graham, which caused a media storm and resulted in the Scottish Prison Service re-routing Adam Graham from Cornton Vale back to the male estate.'
Since the Supreme Court verdict, which ruled the legal definition of sex is defined by biology and not self-identification or gender certificates, he has written to the SPS twice seeking confirmation their trans policy will be urgently reviewed.
But the lawyer has not had 'so much as an acknowledgement from the SPS', he said.
Rhona Hotchkiss, a retired prison governor, said: 'The Scottish Prison Service has been breaking their own rules from the beginning on this.
'It's quite clear from their rules that, and the Act laid down in Parliament to approve the rules, that the two sexes must be kept apart.
'If Ms Sutherland wins you can bet your bottom dollar that every other woman who has been forced to share facilities with these male bodied people will do the same, and you can imagine a class action being brought.'
'I have no idea what any payout might be but whatever it is, even if it's small, you'd have to multiply that by hundreds and hundreds of potential cases.'
Dr Kate Coleman, former director of Keep Prisons Single Sex, said: 'Does First Minister John Swinney really want this to be his Isla Bryson moment?'
Double rapist Isla Bryson, who was born Adam Graham, was the centre of a poltical storm after being remanded to Cornton Vale women's prison despite being a biological man.
Bryson decided to transition from being a man to a woman while awaiting trial.
A SPS spokesman 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 judgement and are considering any potential impact it may have.'
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