A grieving mum has criticised the justice system after her dead daughter’s abuser was given permission to go out at weekends despite being under house arrest.
Rochelle Gray told the Standard she was “knocked sideways” when she learned the terms of Dawson McAllister’s restriction of liberty sentence had been relaxed for “good behaviour”.
Her daughter Marley McCulloch died in hospital on March 2 last year at the age of 24 – days after attempting to take her own life.
Heartbroken Rochelle believes she was driven to despair by McAllister.
Rochelle, 44, said: “McAllister was sentenced to eight months of house arrest as a direct alternative to a prison sentence for the abuse my daughter suffered at his hands.
“It was bad enough he wasn’t jailed, but to find out he’s been allowed out on Friday and Saturday nights earlier than he should have been is like a kick in the teeth. I don’t get weekends off from the pain of losing my daughter. It feels like he’s being rewarded.”
McAllister, 22, pleaded guilty to carrying out a sustained campaign of domestic abuse on ex-partner Marley McCulloch between June 2019 and February 24 last year.
He had denied the offences for seven months, forcing distraught Rochelle to prepare to give evidence against him.
McAllister escaped a prison sentence at Dumfries Sheriff Court in September when he was sentenced to 300 hours of unpaid work, two years of attending the Caledonian Programme and told to remain in his home between 7pm and 7am each day.
A sheriff described his behaviour towards Marley as “controlling and awful” and told him he should be “utterly ashamed” of himself.
Afterwards, Rochelle urged other victims of domestic abuse to report the perpetrators to police when the Scottish Parliament introduced the Domestic Abuse Act.
The legislation covers not just physical abuse, but psychological and emotional treatment and coercive and controlling behaviour, where abusers isolate their victim from their friends and relatives or control their finances.
But after finding out McAllister’s house arrest restrictions had been eased, she said: “I feel like a fraud. I spoke out telling victims – vulnerable people who are scared for their lives – to come forward and they’ll get justice.
“But by allowing McAllister to enjoy his freedom earlier than he should have has made me question that.
“To be told he’s been allowed out at weekends because of his good behaviour,has left me completely disgusted.
“It’s so disrespectful to my daughter. I don’t know the courts can allow this to happen.”
Desperate Rochelle wrote to the sheriff who sentenced McAllister and enclosed a photo of Marley.
She wrote: “Try to imagine how I’m feeling as a mother, knowing I will never see my beautiful daughter again.
“The more the law protects people like Dawson McAllister, the more victims will end up like Marley.
“I have raised awareness in the hope women and men can come forward and seek help knowing their abusers will be brought to justice but I now find myself doubting the whole system.”
Rochelle received a response on behalf of the sheriff, telling her: “The sheriff has asked me to express his sincere condolences for the tragic loss of your daughter Marley. He has asked me to pass on his best wishes to you and your family in what must be an ongoing and extremely difficult time of grief.
“I can advise that all parts of the sentence are still in force apart from the restriction of liberty order which was completed on May 21 after the expiry of the eight month period.
“As you are aware the restriction of liberty order was slightly relaxed on the accused’s application at the four-month stage as he had demonstrated full compliance with the order during that period.”
Rochelle said: “I hadn’t been told beforehand that McAllister would be out and about at weekends and I should have been. When I heard, it knocked me sideways.
“It feels like perpetrators are being rewarded and the families left behind are being left with a life sentence.”
