A “feral” killer who raped Jill Barclay and then burned her alive has had his prison sentence criticised at Holyrood.
Depraved loner Rhys Bennett, 23, was jailed for a minimum of 24 years on Wednesday, after appearing at the High Court in Edinburgh.
The Fife man, who’d stalked his 47-year-old victim before unleashing a brutal and bloody sexually motivated attack on her, had earlier admitted all the charges against him.
But had it not been for the fencing labourer’s guilty pleas and being under the age of 25, Bennett would have been imprisoned for at least 29 years by Lord Arthurson.
Shadow community safety minister Russell Findlay, a Scottish Conservatives MSP, hit out at the sentencing guidelines, which were being followed by the judge.
‘These are not decisions for the First Minister’
During First Minister’s Questions today, he told the Scottish Parliament: “The judge described the 23-year-old’s crimes as ‘medieval in their barbarity’ yet his prison sentence was reduced due to new under 25 sentencing guidelines.
“Can Humza Yousaf tell the people of Scotland whether he thinks these should apply in every single case no matter how wicked or barbaric the crime?”
Mr Yousaf responded: “These are not matters that are decisions for the First Minister.
“They are rightly left to the independent judiciary and it must always be thus, even in the most heinous and despicable cases such as the case of Jill Barclay.
“All of our thoughts will be with Jill and family affected by this despicable crime.
“Her family will undoubtedly have community and friends reeling from the barbarity of that sickening and medieval act.
“But it can never be the case that politicians, let alone government ministers, interfere in the sensitive decisions that are made by the judiciary.
Jill Barclay was beaten, raped, then set on fire when she was still alive – yet her killer's prison term was REDUCED due to under-25 sentencing guidelines.
I asked Humza Yousaf if he thought these should apply in every case but his answer was weak and evasive. [Full video👇] pic.twitter.com/yH22U9GxzB
— Russell Findlay (@RussellFindlay1) May 25, 2023
The SNP leader added: “Sentencing guidelines are taken forward by the independent sentencing council.
“The Cabinet Secretary for Justice and Home Affairs in her regular engagement with the sentencing council has asked for more information around when those regular reviews of sentencing guidance will take place.
“I’m sure she’ll be happy to keep the member informed of those discussions.”
The Press and Journal has asked the Crown Office and Procurator Fiscal Service (COPFS) if it plans to appeal Bennett’s sentence.
A Crown Office official said it was not appropriate for the prosecution service to comment on a sentencing decision taken by a member of the judiciary.
Roddy Dunlop KC, Dean of the Faculty of Advocates – an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland – addressed the issue on Twitter.
He tweeted: “‘Guidelines, not train tracks’, is the usual phrase. But I do wonder whether these guidelines should really be applicable to crimes of such depravity.
“That Q is of course likely to be tested in the Appeal Court in the near future,” referring to another matter concerning a different court case that is due to be considered at a later date.
Popular former Hazlehead Academy pupil Jill Barclay died in the grounds of derelict residential premises at Farburn Gatehouse, Dyce, on September 17 last year.
Bennett, who was described by his own defence solicitor advocate as a “weird and different young man”, had waited or hidden at the scene, ready to launch the attack.
Iain McSporran KC added that his client – recently diagnosed with a “mental disorder” called autism spectrum disorder – had “no recollection of what happened or why”.
He inflicted multiple blunt force trauma injuries to Jill’s head, also kicking and stamping on her body and striking her head against a downpipe.
Bennett also admitted dragging Jill along the ground, compressing her neck, placing clothing and other items underneath her body as she lay on the ground, pouring petrol on her and the clothing – along with other items – and setting fire to her.
He also “did conceal and destroy evidence linking” himself to the crimes “to avoid detection, arrest and prosecution,” the court was told.
Women’s safety group horrified by killing
Now, a Labour Aberdeen City councillor, who is a founding member of women’s safety group Aberdeen Women’s Alliance (AWA), has spoken out against the horrifying atrocity.
Sandra Macdonald branded Jill Barclay’s killer “off the scale in terms of evil”.
Sandra, a councillor for the George Street and Harbour ward, said: “My initial reaction was that my thoughts are, first and foremost, with Jill’s partner and family and friends.
“But we also have a duty to consider what more we can do to make women’s lives safer and more secure.
“We don’t ever want to see that again. It was a real shock to us here in Aberdeen.
“The impact, I think, should be recognised across the UK in the same way other murders have been highlighted in recent years.
“We need to learn lessons.”
Sandra, like many people across the north-east and the rest of Scotland, has struggled to process the horrific murder.
It happened as Jill was walking home alone after socialising at the Spider’s Web pub in Dyce.
She was less than 20 minutes away from the safety and security of her front door, which she never reached.
“This crime really was off the scale in terms of evil,” Sandra said. “We know the police want to do more about violence against women. As a society, we need to do more too.
“Any sentence could never be long enough for what he did. I’m glad the court recognised the enormity of it.”
On learning that Jill had in fact been burned alive, Sandra was shocked and remarked: “Setting Jill on fire shows the worst male contempt for women that’s ever possible to imagine.
“What evil and hate-filled person would act out these crimes? I can’t comprehend it for a moment.”
The deadly attack sparked an outpouring of compassion, outrage and misinformation.
A vigil, which was held a few days later at the roundabout near where her body was found, was attended by between 300 and 400 people.
Sandra said: “That outpouring of love is the message I’d want to get out. You’re not alone. A lot of people have been affected by what’s happened.
“Women are still angry about what happened and still want to campaign to make a difference and raise awareness.
‘It’s been a bit overwhelming’
“It’s every woman’s nightmare – that someone you don’t know could act in this way. We’re not having it.”
Discussing the impact on women’s lives since the incident, Sandra went on: “Women have felt more fearful. This shocked the community to the core – men and women.
“For women, it has been hugely impactful. There should be more calls for better lighting, more police on the beat, better transport links.
“If I’m going out on my own now, my husband will say, ‘Be careful’, which he didn’t do a year ago.
“That’s as a direct result of what happened to Jill Barclay. I’ve heard other women say the same.”
She said she had been involved in campaigning since the 80s and 90s, but, despite improvements, added: “We’re still not safe. That’s sobering. I’m really sad. It’s been a bit overwhelming.
“The positive thing is the lessons learned.”
For all the latest court cases in Aberdeen as well as crime and breaking incidents, join our Facebook group.
