Killer on home leave jailed for murder bid

Robbie McIntosh leaves court after being sentenced for battering Linda McDonald with a dumbbell in Templeton Woods

A convicted murderer on home leave who tried to kill a Dundee dog walker has been given a lifelong restriction order.

Robbie McIntosh, 32, battered Linda McDonald with a dumbbell in Templeton Woods in August.

McIntosh was previously jailed for life in 2002 for stabbing a dog walker to death on Dundee Law when he was 15 years old.

He must serve a minimum of five years before he can be considered for parole.

However, McIntosh will only be considered for release when he is no longer deemed to be a risk to the public, meaning he could spend the rest of his life behind bars.

Mrs McDonald and her family were at the High Court in Aberdeen to hear judge Lord Arthurson sentence McIntosh.

"Save for a brief sideways glance at reporters, the now bearded and shaven-headed McIntosh, showed all the emotion of someone reading a shopping list or checking his email."

BBC reporter Graeme Ogston reflects on the killer who has twice traumatised a city.

The judge imposed an Order for Lifelong Restriction (OLR) which means McIntosh will be supervised for the rest of his life.

Lord Arthurson said: "Throughout the attack, which was undoubtedly a murderous one, you remained impervious to her pleas for mercy.

"As she lay on the ground drifting in and out of consciousness, you dragged her from the path to the woods.

"Thankfully, your victim's screams were heard by other dog walkers and you were seen crouching down and leaning over your victim on the ground."

Linda McDonald was seriously injured during the attack

The judge said a report on McIntosh showed "psychopathic personality traits" and that he was deemed to be a "high risk of physical violence and psychological harm to the public, particularly adult females".

Lord Arthurson said it was of particular concern that there were "no warning signs prior to the commission of this new offence".

Speaking outside the court, Mrs McDonald's husband Matthew said: "We are confident in the judgement passed today and it will hopefully mean life means life.

"On August 7, the attack on my wife changed our lives dramatically. It has been an emotional roller coaster.

"We have received assurances by the relevant bodies investigating the terms of his release and hope for answers to the straightforward questions we have raised.

"Make no mistake - this could have happened to anybody.

"We hope he never gets out and have concerns about why he was out in the first place."

Mr McDonald said his family's thoughts were also with that of civil servant Anne Nicoll, who McIntosh murdered in 2001.

Defence advocate Chris Fyffe had told the court there were "no available words" that McIntosh could offer that would "explain, rationalise or mitigate his conduct".

He said the convicted killer's guilty plea was "the only expression of remorse available to him".

McIntosh had previously been sentenced to a minimum of 15 years after being found guilty of stabbing Ms Nicoll 29 times.

At the time of the attack on Mrs McDonald, McIntosh was to be considered for parole and had been allowed home leave in preparation.

McIntosh was given leave on 2 August last year, the 16th anniversary of the murder.

Robbie McIntosh, pictured in 2002, was on home leave at the time of the attack

Mrs McDonald, 52, sustained two skull fractures and a badly damaged thumb, was left with permanent scars and now suffers from anxiety and sleeplessness.

McIntosh fled after two dog walkers heard Mrs McDonald screaming and disturbed the attack.

The McIntosh case was raised during First Minister's Questions at Holyrood, where Conservative leader Ruth Davidson challenged Nicola Sturgeon to review home leave for convicted murderers.

Ms Davidson said that, last year, there were more than 4,000 cases where prisoners were granted such leave.

She said: "I don't think it is unreasonable for the public to expect prisoners to serve their time."

Rehabilitation process

The first minister accepted that lessons must be learned but insisted that home leave was "really important" as part of the rehabilitation process.

Ms Sturgeon said: "Any lessons learned from this case, and undoubtedly there will be, then of course they require to be applied for the future as well.

"I can entirely understand and sympathise with the views of the family. If I was in the shoes of the family members of this victim, I would be saying exactly the same things.

"However, I would say that it is right that the most rigorous of risk assessments are undertaken by the prison service as opposed to the parole board to decide on matters of home leave. It's also important that strict conditions are applied."

Ms Sturgeon added: "These are not simple issues, these are really complex issues."

Former police officer David Swindle said McIntosh was "a pathetic individual"

Former Det Supt David Swindle, who led investigations into serial killer Peter Tobin, described McIntosh as "cunning and violent".

He said: "It may be he has worked the system and deceived the professionals.

"It's really concerning that he's out on a day release-type programme and he's able to commit such a violent attack and probably would have killed this woman if he hadn't been disturbed.

"McIntosh poses an extremely high risk of harm to the public and in my mind he should never be allowed back on the streets again."

The Scottish Prison Service said it did not comment on individual prisoners, but said "a rigorous risk assessment is undertaken prior to any offender being granted home leave".