Boy, 13, who filmed girl's torture 'is being picked on at school'

Published on Tuesday 8 September 2009 19:10

A TEENAGE boy who filmed the "horrific" torture of a girl in an underground car park asked to be freed from custody because he claims to have been picked on by other inmates in a secure unit.

The boy, 13, has been held in a residential school in the west of Scotland since he appeared in court last week and pleaded guilty to his role in an attack on the girl, 14, at the Omni Centre, Greenside, Edinburgh.

He is to be sentenced next month.

His lawyer applied for bail and told the Court of Criminal Appeal in Edinburgh that the boy had been punched and spat on, and called "all sorts of names" in the school.

"He claims to be the youngest in the unit, the oldest being 17, and he spends as much time as he is allowed on his own in his room," said Brian Gilfedder, solicitor-advocate.

The boy had been on bail prior to last week's hearing, added Mr Gilfedder, who conceded a custodial sentence might well be imposed.

"I have seen the footage (of the attack] and it is horrific. There is no other way to describe it. But this 13-year-old boy should be allowed to go home to his mother and family and then face his medicine on 8 October.

"If that is custody, so be it. Until then, rather than being in the school, he should be at home," submitted Mr Gilfedder.

The appeal judges, Lords Clarke and Mackay, and Lady Dorrian, ruled that the decision of the trial judge, Lord Malcolm, to withdraw bail should stand.

Two girls, aged 13 and 14, carried out the 45-minute attack on the girl, whose head was kicked like a football and who was struck about the skull with stiletto-heeled shoes.

The 13-year-old boy egged on the others and filmed the incident on his mobile phone.