Paedophile gets green light for appeal against jail term

A PAEDOPHILE today sparked fury after winning the right to appeal against his life sentence in a test case which could see other rapists and child molesters having their jail time slashed.

Morris Petch was given life with an order to serve at least 12 years before becoming eligible for parole for his role in an Edinburgh paedophile ring.

But the one-legged 52-year-old appealed against the length of his sentence, arguing that it was "excessive", in a move which could set a new legal precedent.

If Petch wins, other offenders given "discretionary" life sentences – mainly sex offenders – could follow suit. His move was met with fury by Dana Fowley, one of two sisters raped and abused by Petch and a group of up to 15 family members and friends.

The 29-year-old attacked any plans to cut his sentence as "atrocious". Ms Fowley said: "It is hard enough for abusers to be put in jail by the justice system, without them being allowed to get out early. It's atrocious that he is being allowed to appeal in this way after being convicted. This case is sending out the wrong message to abusers and failing victims."

In a decision this week, Lords Osborne, Clarke and Emslie ruled there was "serious doubt as to the soundness" of the present sentencing guidelines, and ordered that a full bench of seven judges should hear Petch's case.

A legal source said a victory for Petch could "open the floodgates" for other discretionary lifers, which does not include murderers, to launch similar appeals.

The current statute for sentencing for discretionary life sentences was created in 2003.

It followed an appeal against sentence by sadomasochist George Clark, who abducted a 23-year-old woman in Aberdeen before driving her to his Leith home and raping her.

Clark later converted to Islam in prison and changed his name to Ansari.

Under previous rules, judges would set the punishment part of a jail term as half of the determinate sentence, after which prisoners could apply for parole.

However, the Ansari case set a standard where the punishment part could be two-thirds or more of the sentence.

Lawyers for Petch are now seeking to have the Ansari precedent overturned. His case is being heard in tandem with an appeal by Robert Foye, a "high-risk offender" given a punishment tariff of nine years for raping a woman in woodland in Cumbernauld.

Petch was ordered to serve a minimum of 12 years after a judge branded him a "serious risk to the public" in May 2007.

His appeal lawyers argue that Petch's jail time was excessive and the "judge erred by selecting two-thirds of the notional determinate sentence as the punishment part".

In a written decision green-lighting the appeal, Lord Osborne said: "While we have reached no concluded view on that matter, it appears that there are strong arguments to support the contention of (Petch and Foye] that that case (Ansari] was wrongly decided."

Fraser Currie, of Petch's defence agents, said: "Our client is taking legal advice and is pursuing an appeal against conviction at the moment."