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 corroboration.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.
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.'
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