Murderer allowed out of jail - then it took three days to tell public he had absconded

"Officers will have listened to the views of prison staff, who clearly did not regard him as posing a high risk, then made some initial inquiries. We took the decision to issue a warning because of the fact he was convicted of a serious, violent offence." - POLICE STATEMENT

Story in full POLICE and prison officials came under fire last night for waiting three days before warning the public about a murderer who has gone on the run.

Lothian and Borders Police yesterday issued an alert over the disappearance of David Back, who took part in the brutal killing of voluntary worker James McArthur in 2000.

The 23-year-old beat his victim before pinning him down while an accomplice cut his throat with a breadknife. Back later returned to mutilate his victim's face.

Back was given a life sentence for his part in the murder with an order that he must serve at least eight years before he could be considered for release.

On Friday he was allowed out from Edinburgh's Saughton Prison to attend a work-placement in the city. He went missing at 1pm that day, but it was not until 2:50pm yesterday that the public were warned.

Police said they did not issue a statement sooner because initial inquiries had to be carried out and Back was not regarded by prison staff as a serious risk.

But politicians criticised the delay, while questioning the decision to allow Back into the community nearly three years before his earliest release date.

Kenny MacAskill, justice spokesman for the SNP, said: "The public are entitled to be warned. In exceptional circumstances police may have good operational reasons for not releasing such information. But we should not have any attempt to cover up or downplay the escape of a serious and dangerous offender.

"Prison has a duty to rehabilitate as well as protect the public. However we have got to make sure that people are not released or given free rein without having clear evidence to believe that the public safety is assured."

His Scottish Tory counterpart, Margaret Mitchell, said: "This information should be in the public domain as soon as possible. For three days nobody knew anything about the fact that a dangerous man was at large.

"Surely there should be strict supervision when he's on a work- placement, if he has not already been tried and tested.

"His history, and the fact that he was ordered to spend a minimum of eight years behind bars, means he should have been properly supervised."

Back, from Kirkcaldy, Fife, was found guilty, with Alex Robb and Ian Harkness, of murdering Mr McArthur in his flat.

His trial at Glasgow High Court heard that Mr McArthur was throttled, kicked and stamped on so badly that internal organs ruptured. Back and Robb then held him down while Harkness used a serrated knife to saw open his throat.

Afterwards, Back, who was then 16, returned to the body and used the murder knife to mutilate Mr McArthur's face.

Back had been attending the work-placement, in the west of the city, since April. Prison insiders said his behaviour had been "exemplary", adding that giving Back gradual contact with the community was a means of preparing him for his release.

A spokesman for Lothian and Borders Police confirmed they were told Back was missing on Friday afternoon, but held back on notifying the public so initial checks could be made. He said prison staff were reluctant to issue a public warning because they saw Back as low-risk.

He said: "Officers will have listened to the views of prison staff, who clearly did not regard him as posing a high risk, then made some initial inquiries.

"We took the decision to issue a warning because of the fact he was convicted of a serious, violent offence."

A spokesman for the Scottish Prison Service insisted they agreed with the decision to issue the statement.

He said: "All prisoners are subject to a rigorous assessment prior to being regarded as suitable for access to the community. All prisoners who fail to return are reported to the police. Discussions will then take place between the relevant police force and the Scottish Prison Service. If there's a difference of opinion it's the police's decision whether to put out a press release, but there was no difference of opinion."

Back is white, 5ft 7ins and with a medium build, pale complexion, green eyes and short brown hair. Anyone with information is asked to contact Lothian and Borders Police on 0131 311 3131.