Rapist has human rights case turned down

Court: Heard Green is under constant police supervision.© STV

A notorious rapist who claims his human rights have been contravened following his release from prison has had his bid for a court case turned down.

Robert Greens, known as the Da Vinci Code rapist, was released from custody earlier this year after serving five years for the rape of a 19-year-old Dutch student near Rosslyn Chapel in 2005.

At Edinburgh Sheriff Court on Wednesday, his solicitor Tony Kelly argued that the 23 individual restrictions on his client's liberty, which include not being able to come into contact with women, prevented him from living a normal life.

But on Thursday Sheriff Paul Arthurson QC said there were good reasons for psychopath Greens to be monitored by police.

Mr Kelly, who specialises in human rights cases, said the restrictions placed on Greens on his release in February were disproportionate.

He said that Green was accompanied at all times by police officers. Two specialist social workers resided with him permanently, so that one is always awake.

Greens is electronically monitored and subject to 14 hours of curfews between 8pm and 8am and between 1pm and 3pm. He is also not allowed to approach children or women under any circumstances, is restricted on being able to travel and is not allowed any access to the internet.

Mr Kelly told Sheriff Arthurson said these restrictions prevented Greens' right to liberty as laid out in European Human Rights legislation.

Lothian and Borders Police lawyer Andy McGlone told the court that Greens was an extremely dangerous man and was marked at level three - the category of sex offenders considered to be most dangerous to society.

Mr McGlone said he had a high risk of committing another sexual crime. When he was told he was going to be placed under constant supervision, Greens was heard ranting that Lothian and Borders Chief Constable David Strang should "get a bullet through the eyes".

Mr McGlone added: "We recognise that Mr Greens may have to go into a shop and be served by a female member of staff - or would have to stand beside a woman at a bus stop. I will move to amend the terms of the order to recognise this fact.

"However, this man is a risk to public safety. His risk of re-offending is high. He has made threats of violence to people from prison.

"He has a very violent past and he has been diagnosed as a psychopath. Is he a sexual danger? My answer is unequivocally yes.

"The offence he was convicted of was impulsive. The most worrying thing is that he doesn't accept he raped the victim despite overwhelming DNA evidence and conviction.

"How can he address his offending behaviour if he can't admit his guilt?"

On making his decision to turn down the rapist's court bid, Sheriff Arthurson said he was satisfied that the supervision order didn't contravene Mr Greens' human rights.