Prisoners can refer to trans women as men ‘without being transphobic’
Sheriff acquits woman accused of misgendering killer inmate
A JUDGE has ruled that referring to trans women as men is not transphobia.
Sheriff Thomas Millar yesterday acquitted a female prisoner accused of being abusive and deliberately misgendering a fellow inmate.
Killer Alexandria Stewart, who was born male Alan Baker, was locked up with women at HMP Greenock and claimed Jane Sutherley mounted a four-year campaign of abuse.
Stewart, 37, who is serving a life sentence for murder – and is said to have engaged in sexual behaviour in the prison showers with fellow killer Nyomi Fee – was said to be left feeling suicidal due to the 51-year-old ex-hairdresser’s behaviour.
But Sheriff Millar found the claims against Sutherley, behind bars for culpable homicide, not proven, stating that referring to the ‘original biological state’ of a person is not necessarily ‘transphobic’.
Greenock Sheriff Court heard how Stewart is in a relationship with Fee, who is serving a 24-year sentence for killing her two-yearold stepson Liam in Fife.
Fee told the court that Sutherley would refer to her as being in a relationship with a man and say that it ‘wasn’t fair’ there was a man in the women’s hall.
She also said no allegations had been raised with her about sexual behaviour in the showers. Fee said Sutherley would lash out when she was in a ‘bad mood’ and make ‘transphobic comments’ about Stewart that had caused suicidal feelings.
Sutherley’s defence lawyer, Paul Lynch, put it to Fee that other women on the wing were frustrated by apparent special treatment afforded to Stewart from prison guards.
The court had previously heard staff provided Stewart and Fee with a private area in which they could spend time together.
Mr Lynch suggested to Fee they had concocted allegations of transphobia against Sutherley in order to prevent Stewart being moved from HMP Greenock.
In 2023 the Scottish Governwhen
‘Refuse to use Alex’s prefixes ’
ment issued a ‘Rule 95 order’ that decreed all transgender prisoners should be subject to enhanced safeguarding checks.
This followed an incident the double rapist Isla Bryson, who was born Adam Graham, was housed within the female estate.
During Rule 95 proceedings, prisoners are confined to their cell and barred from all contact with other prisoners. But the ‘buddy system’ meant that Fee had daily interactions with Stewart.
Greenock inmate Lynette Greenop, who is also serving a murder sentence, gave evidence in January saying she had heard Sutherley ‘refuse to use Alex’s prefixes as a lady’.
It was alleged that between January 1, 2019, and March 23, 2023, in Darroch Hall at Greenock, Sutherley behaved in a threatening and abusive manner and used transphobic and homophobic words. Sutherley was moved to another jail in 2023 due to the claims against her.
Sheriff Millar found the allegations against Sutherley not proven. He said: ‘A person can refer to a transgender person in their original biological state without being transphobic.
‘The Crown has not produced anything that could be called corroboration. That has served to leave a doubt in my mind. It is because of that doubt that I find the matter not proven.’