Published: Monday, 29th June, 2009 4:35pm

Police warned 'Hawk' would take flight

by Peter Swindon

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Police warned against transferring a Ballingry gunman, who later went on the run, to an open prison, it emerged this week.

Brian Martin, also know as "The Hawk", had only been in Castle Huntly for three weeks when he took flight.

New guidelines state inmates should not be moved to open jails if they have absconded before.

Martin went on the run from an open jail in 1987 and he escaped from Perth Prison during a hospital visit in 1989.

The career criminal was transferred to Castle Huntly from Shotts prison on 27th April. He is serving a 10-year sentence for firing a gun during an argument at a house in Kelty. At the time of the incident he had been out on licence from a 12-year jail term for assault, robbery and firearms offences.

On 18th May this year, Martin went on the run again, only to hand himself in to police a week later.

A report into the case by Professor Alec Spencer, a former prison governor, said the panel considering Martin"s transfer had used the wrong type of form when assessing his case. Information highlighting his history of absconding was not contained on that form, although it was asked for.

It also emerged that Fife Constabulary warned that the 51-year-old had escaped before - but that the information wasn"t passed on to the relevant people.

The justice secretary Kenny MacAskill, who commissioned the review, said, 'It is clear that Martin"s previous absconding history was either overlooked or ignored when that decision was made. In all likelihood, if that information had been known, Martin would not have been transferred.

'I have made it clear to the Scottish Prison Service that this is not acceptable, and that such lapses must not be repeated.'

A spokeswoman for the Scottish Prison Service accepted that procedures were not followed.

'We are putting in place recommendations made by Professor Spencer to ensure that improvements are made to the process,' she added.

Labour"s shadow justice secretary Richard Baker recognised that the system is broken and changes will have to be made, but claimed that the public has 'lost confidence in Kenny MacAskill'.

'They have no faith that he is the man to fix the broken system that he established and they have no confidence in his ability to sort this mess out,' he added.