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The teenager killer could be freed two years after a bus driver died following the attack.
John Swinney has been accused of letting violent criminals avoid jail after facing pressure over the “sickening” case of the killer of Elgin bus driver Keith Rollinson.
Scottish Conservative leader Russell Findlay brought up Mr Rollinson’s death, which happened two years ago, after meeting with his widow, Sue Rollinson, earlier this week.
Concerns have been raised his killer, who was 15 at the time of the fatal attack, could be released “within weeks” and potentially retain his free bus pass, despite having previously attacked another bus driver.
The teenager, who cannot be named for legal reasons, was originally charged with murder but admitted the lesser charge of culpable homicide. He received a custodial sentence of four years and four months.
Speaking at First Minister’s Questions, Mr Findlay said that instead, he entered “charity-run accommodation with a swimming pool and courtyard garden”.
“He has not spent a single night in prison. He killed an innocent man two years ago but he could be freed and back home within weeks,” Mr Findlay added.
Scottish Conservative leader Russell Findlay, next to deputy Rachael Hamilton | Getty ImagesIn response, Mr Swinney told MSPs that “what happened to Mr Rollinson was absolutely and completely unforgivable and unspeakable”.
But the Scottish Tory leader argued that a “violent killer not spending a single night in prison and he could be back home after two years is not justice”.
Bus driver Keith Rollinson, 58, died after the attack in February 2024 | Police ScotlandMr Findlay warned that “Keith Rollinson’s tragic case highlights so much of what’s wrong with the SNP’s weak justice approach”.
Mr Findlay also attacked the government’s plans to reduce the automatic release point for short-term prisoners to 30% of their sentence in a bid to relieve pressure on the prison system.
The plans have been subject to a short consultation in the hopes that regulations will be in place before Holyrood breaks for May’s election, with Justice Secretary Angela Constance saying the move is needed to “deliver a further, sustained reduction in the prison population”.
Mr Findlay also revived attacks on sentencing guidelines which steer judges away from sending those under the age of 25 to prison.
He told MSPs: “These guidelines traumatise victims by treating murderers and rapists as if they are children.
“This is all based in the nonsense belief that they are not mature enough to be responsible for their crimes.
“They are one of the many ways in which the SNP Government has spent years weakening Scotland’s justice system.”
Asked if he will scrap the guidelines, the First Minister said: “The young persons’ sentencing guidelines makes it clear that all sentencing options, including imprisonment, remain open to the court.
“These decisions on sentences are taken by the independent judiciary and I think it’s an important principle of our judicial system that the judiciary are able to operate independent of Government, with the ability to exercise the full range of options, including imprisonment.”
Mr Swinney declined to say whether Mr Rollinson’s killer would retain his bus pass once he is freed - a move branded “shameful” by Mr Findlay.
Mr Swinney said he has “every sympathy” for Mr Rollinson’s widow, adding: “She and her husband should never have had to experience the awfulness of what they have experienced.
“I have every sympathy with Mrs Rollinson for what she’s experienced and I want to assure her that this government is doing everything it can to make sure that those who commit crimes will be apprehended, prosecuted and, when the courts decide to do so, they will be imprisoned as well.”