George McGeoch is seeking to have his case referred to the European Court of Justice in Luxembourg.
19 April 2011 15:15 GMT
European appeal: Killer wants right to vote. Pic: © STVA murderer who is fighting a legal battle for the right to vote now plans on taking his case to Europe.
George McGeoch's bid for a judicial review of a decision to refuse his application to be included on the register of electors was earlier rejected by a judge. But McGeoch has now begun an appeal process and is seeking to have his case referred to the European Court of Justice in Luxembourg.
Previous cases brought by prisoners have been taken to the European Court of Human Rights in Strasbourg which has held that the blanket ban on inmates voting was incompatible with human rights.
Following the ruling against McGeoch, 39, by Lord Tyre lawyers acting for him enrolled a motion seeking the urgent disposal of an appeal at the Court of Session in Edinburgh.
Aidan O'Neill QC, for McGeoch, said that if the May 5 Holyrood elections for the Scottish Parliament passes he will have lost the right to vote in them irretrievably although he had an alternative remedy for damages.
Mr O'Neill told Lord Reed: "My primary position is this individual wishes the right to vote and if the court can hear it in time he should get it."
Lord Reed said the grounds of appeal also seemed to want the court to make a reference to Luxembourg.
The judge said he would allow McGeoch's appeal to be received and gave time for further pleadings to be put in with the case to call again on May 12.
Lord Reed said: "What I will aim to do then is have a better informed view of the scale of the issues that have to be addressed and the likely duration of the hearing."
McGeoch has claimed that his disenfranchisement under the Representation of the People Act 1983 is incompatible with EU law and maintains that if elections take place which exclude him he should get pounds 2500 damages. He has challenged the compatibility of the decision to refuse his application to be put on the voters' roll with his rights under EU law.
McGeoch, who is currently in prison in Dumfries, was jailed for life and ordered to serve at least 13 years after he was convicted of murdering bakery worker Eric Innes in Inverness in 1998. He slashed his victim's throat in his own home.
He has committed further offences while in prison and the earliest date when he might be considered for parole is in July 2015.
In February 2008 he left two Reliance custody staff locked in their vehicle after staging a breakout during a hospital visit and was jailed for seven and a half years.
He was also sentenced to an eight year prison term in 2002 after holding two nurses hostage.
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