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Victim’s fury as she is banned from rapist’s parole listening to as a result of it ‘would not be within the pursuits of justice’

A rape survivor has been barred from attending her attacker’s parole hearing on the grounds that it would not be in the ‘interests of justice’.

Ellie Wilson said she was told her rapist’s lawyer had objected to her bid to be present when his plea to be freed after serving half his sentence is heard – on Valentine’s Day.

The 27-year-old previously claimed she had been asked to sign a gagging order to prevent her discussing what will be said at the hearing, which is confidential.

She did not indicate whether she would agree to non-disclosure – but has now been told that she will not be allowed to attend.

Ms Wilson told the Mail she would be meeting John Swinney on Wednesday next week and would ask him to support her ‘proposed changes to the parole process’.

She said: ‘I didn’t indicate to them Parole Board that I wouldn’t comply [with the gagging order].

Campaigner Ellie Wilson was told her rapist¿s lawyer had objected to her bid to be present when his plea to be freed is heard

Campaigner Ellie Wilson was told her rapist’s lawyer had objected to her bid to be present when his plea to be freed is heard

Daniel McFarlane was convicted of rape at the High Court in Glasgow

Daniel McFarlane was convicted of rape at the High Court in Glasgow

‘However, I wonder if the fact I’m very open on social media/Press may have been an influencing factor.

‘I’ve asked for the reasons his lawyer has given [for her not to attend] – and was told the Board don’t think it “appropriate” to disclose that to me.’

She added: ‘I want to see the law changed so victims have the right to attend these hearings.

‘It’s appalling that abusers have more rights than those they abuse.’

Writing on X, Ms Wilson, who waived her right to anonymity, said: ‘Why do rapists have more rights than their victims?’

She posted a screen-grab of correspondence from the Parole Board for Scotland (PBS), which said its panel ‘had carefully considered the victim’s application to observe the hearing’.

It added: ‘Having regard to the objections lodged by the prisoner’s solicitor, the panel does not consider that it would be in the interests of justice to authorise the victim’s attendance.

‘Accordingly, the application is refused.’

Scottish Tory victims spokesman Sharon Dowey said: ‘It’s understandable this brave victim feels insulted she won’t be able to attend this hearing.

‘It is typical of the SNP’s justice system that victims feel like they don’t have a voice and the needs of dangerous criminals are put above theirs.

‘It’s basic common sense that there should be full transparency surrounding parole hearings in a similar vein to sentencing decisions.’

Ms Wilson’s ex-partner, Daniel McFarlane, was jailed for five years in July 2022 after she covertly recorded him confessing to rape.

Medical student McFarlane was 26 when he was sent to prison for two rapes which took place in December 2017 and February 2018.

The attacks happened when he was 19 and a student at Glasgow University.

Ms Wilson, of Glasgow, used her iPhone, hidden in a handbag, in 2019 to covertly record McFarlane confessing.

Thanks to her brave actions, he was forced to face charges in court.

Two years into his sentence, Ms Wilson was informed that he was being considered for parole.

In December, the PBS could not agree if he should be released early and an oral hearing was scheduled for February 14.

It emerged in 2022 that no victims of crime had been permitted to attend at PBS hearings – despite changes aimed at providing more ‘transparency’ within the system.

Changes introduced in March 2021 allowed victims and their family members to request the right to attend at the hearings.

However, a Freedom of Information request by the Scottish Conservatives in 2022 revealed that while 26 victims had requested to attend, none of them had been granted permission.

Even if they had been allowed to attend meetings, they would have to be ‘silent observers’, with the then Justice Secretary Humza Yousaf explaining in 2021 that allowing them to speak would require changes to be made to primary legislation.

Ms Wilson said in April last year that she had endured ‘brutal’ treatment by a defence lawyer during the trial of her attacker.

She crowd-funded to prepare for a complaint against Lorenzo Alonzi after her rapist was jailed.

Mr Alonzi questioned whether she had narcissistic personality disorder and told jurors that it was ‘difficult not to imagine some sense of injustice’ for McFarlane, who the lawyer claimed had fallen in love with the ‘wrong person’.

The Faculty of Advocates’ complaints committee found that his behaviour amounted to unsatisfactory professional conduct on six of the 11 issues raised.

The PBS said last night that it does not comment on individual cases.

Last year a PBS spokesman said ‘victims are asked to sign a confidentiality agreement to confirm they are aware of the requirement for confidentiality and will comply with it’.  

A Scottish Government spokesman said: ‘The Parole Board is independent from the Scottish Ministers and we are not in a position to comment on individual cases. Decisions about attendance at individual hearings are for the chair of that Parole panel.’