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Domestic abuse survivors in Scotland claim that ‘secret justice’ is failing the victims

Anne-Marie Hirdman, 43, was ­regularly assaulted by constable Fraser Ross, 43, over a six-year period.

A police officer who terrorized a domestic abuse victim has criticized the “secrecy” surrounding the punishment he received. Over a six-year period, Fraser Ross, 43, regularly assaulted Anne-Marie Hirdman, 43.

The disgraced constable, who had served as an officer for 16 years, was found guilty of the abuse but given a community payback order and spared jail last year (CPO). In addition to being ordered to complete 250 hours of unpaid work and attend the Up2U domestic violence program, which aids offenders in changing their ways, he was also informed that he would be under the supervision of social workers for three years.

Since then, a number of hearings at the Hamilton Sheriff’s Court have been scheduled to see how Ross is doing. However, sheriffs decided how the order should be maintained behind closed doors, with only one of them being called in open court.

Anne-Marie said the process raises questions over transparency and secrecy in the justice system. She said: “The communication regarding this has been vague. When I have asked what is going on, I get short answers.

“I have been told by social workers that he hasn’t engaged with the Up2U program. I feel like his punishment choice was not fit for purpose as the Up2U program should only go to people who admit guilt and want help.

“I keep getting told police officers don’t get treated differently, but that’s all I have seen. I’m getting told one thing by social work but there’s no scrutiny on the court side of it. “The hearings are shrouded in secrecy. They aren’t taking place in public, so nobody really knows what’s going on.

“We don’t even know if it’s still the same sheriff that’s dealing with it or a different one. As the survivor, it’s heartbreaking as this sort of punishment will be sending out a signal to abusers that they can do this for years on end and only be given pathetic punishments.”

A Scottish Courts and Tribunals Service spokesperson said: “A criminal justice social worker is assigned by the local authority to supervise the requirements of a CPO. This sentence requires individuals to pay back to their communities for the damage their crimes have caused and to deal with the underlying causes of their offending behavior.

“Those who break the conditions of the order can be returned to court. Where an offender has complied with an order, the sheriff may decide to deal with the matter in his absence.”

Ross, from Motherwell, was informed by Sheriff Ross Macfarlane KC that although the offenses warranted a jail sentence, the maximum sentence that could be imposed was only a 12-month sentence. He repeatedly kneed, hit, choked, headbutted, and strangled Anne-Marie, according to testimony in court.

The same way he did when apprehending violent criminals, Ross also pinned her down while supporting her weight and clamped his hand over her mouth and nose. She experienced breathing difficulties, hyperventilating, and one attack even gave her the impression that she was having a heart attack.

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