Latest news with #JaneSutherley
Daily Mail
22-05-2025
- Politics
- Daily Mail
JK: I will fund the legal actions of women forced to share prisons with men
JK Rowling has offered to bankroll the legal campaigns of female prisoners who have been forced to share jails with biological men. Killer Jane Sutherley is considering legal action against the Scottish Prison Service (SPS) after she was forced to share facilities with transgender women. She is one of potentially 'hundreds of women who have grounds for legal action' over the controversial trans policy, it was yesterday warned, and the wave of cases could end up costing a substantial sum. And Ms Rowling, one of the world's most foremost campaigners on women's rights, has now revealed she would be willing to help fund the campaigns. The Harry Potter author said: 'Of course I'd give financial backing to any women who wanted to sue because she suffered detriments through being incarcerated with a man. 'Women being locked up with men is a human rights violation. Vulnerable women being forced to agree that a man is a woman is a human rights violation. 'A surgically altered man is not a 'fully anatomical woman'. Saying these things is not hate, but truth.' Latest public figures from the SPS reveal there are 16 trans prisoners north of the Border, including killer Alexandra Stewart who was born male and called Alan Baker. Stewart was locked up with women at HMP Greenock, and struck up a relationship with child killer Nyomi Fee. This week Sutherley was acquitted of a four-year long campaign against Stewart and Fee, and it is understood that she is now taking legal advice on action against the SPS. Susan Smith, of For Women Scotland, yesterday warned the SPS that their policies broke the law and had done for years. She warned: 'We imagine there are potentially hundreds of women who have grounds for legal action over a policy which was degrading, humiliating and breached their human rights as well as equality law. 'We have always said that it was only a matter of time before a prisoner took action. 'The Government and the SPS have been guilty of arrogance and complacency - as well as a brutal disregard for these vulnerable women - and it is likely to cost them a great deal.' For Women Scotland are responsible for the stunning court room victory over the Scottish Government, one which has sent public organisations and private firms into a panic after their trans policies were ruled to be unlawful. But rather than act immediately, many have insisted on waiting for the Equalities and Human Rights Commission to finish a consultation on its updated statutory guidance on applying the Equality Act. In April's landmark Supreme Court ruling the words 'women' and 'sex' in the 2010 Act were found to refer to biological women and biological sex. Following the judgment, the equality watchdog issued updated guidance, which said that trans women 'should not be permitted to use the women's facilities' in workplaces or public facing services such as shops or hospitals, with the same applying for trans men using men's toilets. The SPS transgender policies are currently that trans prisoners can be housed in facilities of their desired gender, but this would only happen when 'staff have enough information to reach a decision that a trans individual can be safely accommodated'. The service, which said it had an 'individualised approach', said it 'ensures that any transgender woman with a history of violence against women and girls, who presents a risk to women and girls, will not be placed in the women's estate'. But Ms Smith said: 'The SPS has had ample warning that they were operating an unlawful policy. 'Even before our recent victory in the Supreme Court, the Inner House established that the sort of self-identification policies employed by the SPS were not permitted under the Equality Act.' A Scottish Prison Service 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 judgment and are considering any potential impact it may have.'
Daily Mail
21-05-2025
- Daily Mail
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.'
Daily Mail
19-05-2025
- Daily Mail
Referring to biology is not transphobic, says sheriff in wake of bizarre prison bullying trial involving three convicted killers
A judge has ruled referring to transwomen as men is not transphobia. Sheriff Thomas Millar yesterday acquitted a female prisoner accused of being abusive while deliberately misgendering a trans-identifying man she shared a jail with. Killer Alexandria Stewart, who was born a man, was locked up with women at HMP Greenock and claimed fellow inmate Jane Sutherley mounted a four year campaign of abuse. Stewart, 37, serving a life sentence with a minimum term of 19 years for murder, was allegedly left feeling suicidal by the 51-year-old former hairdresser's behaviour. But Sheriff Millar found the allegations against Sutherley, behind bars for culpable homicide, not proven, stating that referring to the 'original biological state' of a person is not necessarily 'transphobic'. Greenock Sheriff Court heard how Stewart is in a relationship with Nyomi Fee, who is serving a 24 year sentence for killing her two-year-old step-son Liam. Fee told the court that while she and Sutherley 'did not mix in the same circles' in the prison estate, Sutherley had made her feelings about their relationship known. She claimed Sutherley would refer to her as being in a relationship with a man and say that it 'wasn't fair' there was a man in the women's hall. Fee told the court Sutherley would lash out when she was in a 'bad mood' and make 'transphobic comments' about Stewart that had caused suicidal feelings. In December 2022, it was alleged that Sutherley refused to take part in a Christmas crafts session and karaoke that Stewart would be attending. And on another date, she made reference to Stewart as being like a contestant on RuPaul's Drag Race. Sutherley's defence lawyer, Paul Lynch, put it to Fee that other women on the wing were frustrated by apparent special treatment afforded to Stewart from prison guards. He suggested other prisoners claimed that the pair had even engaged in sexual behavior in the showers. The court had previously heard that prison staff brought Chinese takeaway food to Stewart's cell and allowed Stewart and Fee a private area in which they could spend time together. It also emerged during the trial that the murderer admitted to being allowed out of jail in 2019 to have a cosmetic procedure known as a tracheal shave which minimises a male's Adam's Apple. Stewart said he had had no other surgery. Mr Lynch suggested to Fee that they had concocted allegations of transphobia against Sutherley in order to prevent Stewart being moved from HMP Greenock. In 2023 the Scottish government issued a 'Rule 95 order' that decreed all transgender prisoners should be subject to enhanced safeguarding checks. This followed an incident when the double rapist Isla Bryson, who who was born Adam Graham, was housed in the female estate. During Rule 95 proceedings, prisoners are confined to their cell and barred from all contact with other prisoners. But the 'buddy system' meant that Fee had daily interactions with Stewart. Greenock inmate, Lynette Greenop, who is also serving a murder sentence, gave evidence in January saying she had heard Sutherley 'refuse to use Alex's prefixes as a lady'. It was alleged that between January 1, 2019, and March 23, 2023, in Darroch Hall at Greenock, Sutherley behaved in a threatening and abusive manner and using transphobic and homophobic words. Sutherley, who had been in HMP Greenock since 2018, was moved to another prison in 2023 due to the allegations against her. Prison officer instructor Ann Hardman, who engaged Sutherley to work in the hairdressing salon gave evidence that she had sent a letter in support of Sutherley to the parole board and did not know of any investigation into Sutherley's conduct. Sheriff Millar found the allegations against Sutherley not proven. He said: 'A person can refer to a transgender person in their original biological state without being transphobic.' 'The Crown has not produced anything that could be called 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. He told Sutherley: 'It is because of that doubt, to which you are entitled to benefit, that I find the matter not proven.' Her lawyer 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 female estate. Mr Lynch told the court the SPS should adhere to the recent Supreme Court ruling which stated that biology defines a person's sex. He added 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.'
