Lawyer had to ask for trans killer's criminal record FOUR times after name change
Solicitor Paul Lynch demands probe after revealing that he only received notorious killer Alex Stewart's genuine rap sheet after he sent law chiefs a link to a news story detailing grisly crime
A lawyer at the centre of a trans row was forced to ask FOUR times for the correct criminal record of a murderer – whose offences 'disappeared' when they changed their name.
Paul Lynch has called for an urgent probe into procedures that led to Police Scotland and the Crown Office falsely disclosing killer Alex Stewart had no previous convictions. Alan Baker – now known as Alex Stewart – is serving life for stabbing a man he met online before transitioning.
Respected solicitor Lynch said he was flatly told by the Crown Office that Stewart had no previous convictions (PCs) – even after informing them he used to be called Alan Baker. It was only after he sent a link to an online news story about Baker's murder conviction that the error was rectified.
Police Scotland insists it was a one-off clerical error and no records were wiped. But Lynch claims a full investigation is needed to make sure criminal records disclosed to the courts are accurate after changes of name or gender.
He said: 'I don't accept this can be dismissed as an isolated case involving human error. It shows a systematic failure on the part of Police Scotland to have proper procedures in place, with up-to-date information enabling them to reference a person's criminal record after they have assumed a new name and gender. Otherwise, a murderer's convictions can simply disappear.'
The PC disclosures sought by Lynch came in the case of killer Jayney Sutherley, who was eventually cleared of subjecting Stewart and prison lover Nyomi Fee of transphobic and homophobic abuse, including 'misgendering' Stewart. Fee's disclosed record duly showed she killed Liam Fee, four, son of her then partner Rachel Fee, also convicted of Liam's murder in 2014.
But Stewart's adoption of a new name while in HMP Greenock appeared to have effectively given them a clean slate with no PCs showing. Lynch was astonished he had to ask four times for the correct PCs. He said: 'The third time, I gave them his former name but the reply still came – 'no PCs'.
'Next time I told them the witness was in custody serving a life sentence. I sent a link to a news story, suggesting it might assist. They took that information to police and the correct PCs finally arrived.'
He said the situation was ludicrous given that a cop interviewed witnesses inside a high security jail about a complaint.
He said: 'The witness has been identified as a murderer yet police systems somehow do not have on record Alex Stewart and Alan Baker are one and the same. It is seriously alarming. It stands to reason it could happen in any case where a trans prisoner has changed their name.
'It's not as if Alex Stewart has been under the radar. Anyone reading the Daily Record or following the media would have had more information than Police Scotland about the previous convictions of Alan Baker or Alex Stewart.' Lynch said criminals who escape their past through an administrative bungle could pose a threat.
He said: 'Think of all those cases where men who have served their sentences, then changed their names and are self-identifying as women. This has to be thoroughly investigated. If this could happen in Jayney Sutherley's case, it could happen in any case.'
Police Scotland last night insisted the error in disclosing previous convictions of Alex Stewart had been rectified.
A spokesperson said: 'We are aware of an issue relating to the previous convictions of a victim, which were omitted from a report submitted ahead of a case heard at Greenock Sheriff Court. The issue has been rectified. Work is ongoing to prevent something similar taking place.
'Officers are liaising with the Crown Office and Procurator Fiscal Service. The criminal records referred to in this case have not been wiped, they remain in place. It is inaccurate to suggest otherwise.'
At Holyrood this week, Justice Secretary Angela Constance told MSPs: 'I have received assurances this was an isolated incident but I have asked Police Scotland to review their procedures.'
A COPFS spokesperson said: 'The conviction record for this witness was shared quickly once the error was identified.
'We are supporting Police Scotland's review of their systems.'
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