Convicted murderer denied right to vote in Holyrood election

Convicted murderer denied right to vote in Holyrood election

George McGeoch, who is serving life for killing a man in Inverness, loses his appeal to be given a postal ballot from Dumfries Prison.

By Gordon Darroch

08 April 2011 20:00 GMT

A convicted murderer has been told he will not be allowed to vote in next month's Scottish Parliament election - despite a European court ruling granting voting rights to prisoners.

George McGeoch, 39, went to the Court of Session in Edinburgh claiming he should be allowed a postal ballot or given £2500 in compensation.

It followed a ruling by the European Court of Human Rights that denying prisoners the vote is unlawful.

The Electoral Registration Officer for Dumfries and Galloway had told McGeoch, who is serving his sentence in Dumfries Prison, that his hands were tied until the Westminster Government changed the law.

At the Court of Session, lawyers for McGeoch, from Glasgow, asked Lord Tyre to rule that the decision to keep him off the Register of Local Government Electors breached his rights as a citizen of the European Union.

But the judge rejected McGeoch's request for judicial review on the grounds that he already had the right to appeal the official's decision to a local sheriff.

In a written opinion, he said: "Judicial review is excluded by the availability of a statutory remedy which affords an effective means of seeking redress for any failure to respect the petitioner's rights as a citizen of the European Union to be registered to vote in the forthcoming Scottish Parliamentary election."

McGeoch is serving a life sentence for murdering bakery worker Eric Innes in Inverness in 1998 by slashing his throat in his own home.

He was told he must serve at least 13 years behind bars before being considered by parole, and has since had seven and a half years added to his term after he escaped from a Reliance custody van during a hospital visit.

McGeoch robbed two Reliance staff at knifepoint, locked them in the vehicle and walked away wearing a Reliance jacket. He later told police he had staged the break-out "for a laugh".

About 3,500 prisoners in Britain have taken legal action to secure the right to vote after the ECHR ruling, a decision which Prime Minister David Cameron said made him "physically sick".

The UK Government has asked for the case to be referred to the Grand Chamber of the Court, effectively appealing against the decision.

Comment: I cannot think of a clearer case for the need to change the Tyre. The Judge has obviously abdicated responsibility.

The fact that McGeoch is entitled to vote is evidenced by the ECtHR decision in Hirst v UK (No2).

"The Electoral Registration Officer for Dumfries and Galloway had told McGeoch, who is serving his sentence in Dumfries Prison, that his hands were tied until the Westminster Government changed the law".

Because of this it is arguable that McGeoch has got a ECtHR case on the grounds that he has no effective remedy under Article 13 of the Convention. Notwithstanding Tyre stating he has a remedy with "the right to appeal the official's decision to a local sheriff". But, his hands will also be tied. Therefore, it is not an effective remedy. In addition, in my view, McGeoch has an arguable case to take to the CJEU on the ground that the UK is failing to abide by the Treaty of London 1949.