A CONVICTED murderer who was jailed for life is suing for the right to have sex with his wife in prison after being granted legal aid to fund a court battle.
Kevin Gibson was ordered to serve a minimum of 15 years for killing his friend, Timothy Wallace, and dumping his body in a suitcase in the Water of Leith in 2003.
The 33-year-old claims that the Scottish Prison Service’s (SPS) refusal to allow conjugal visits breaches his human rights.
David Hines, of the National Victims’ Association, said: “When prisoners commit murder, they have forfeited their human rights and are lucky to be alive in jail.
“We need to stop this nonsense about giving rights to prisoners and not to victims.
“This particular case is absolutely outrageous and proves that the entire legal process is geared towards the needs of murderers.
“It is completely immoral that prisoners have access to more legal aid and medical treatment than the victims and their families.
“Someone needs to step in and stop this injustice.”
Gibson is serving his sentence at Addiewell Prison, West Lothian.
He rekindled his relationship with former girlfriend Louise Kennedy while behind bars, and the pair were married last year at a service inside the jail.
They applied for legal aid to fight for their “human right” to a family life this summer.
The couple argue they are entitled to either free IVF treatment or conjugal visits so that they can have a child.
The Scottish Legal Aid Board (SLAB) confirmed that the couple have been awarded taxpayers’ money to fund “advice and assistance” so their lawyers, Taylor & Kelly, of Coatbridge, Lanarkshire, can begin to prepare a case.
A SLAB spokesman said: “When considering the grounds for approving a legal aid application of this kind, we look at whether there are fundamental human rights issues that have not been heard before in a Scottish court.
“The background of applicants is not a part of the process to test how the case sits with European Court of Human Rights provisions.”
Gibson was a heroin addict when he attacked Mr Wallace, who was described as “trusting and vulnerable”, at a city homeless hostel.
He repeatedly punched, kicked and stamped on the 24-year-old victim, who walked with a limp and had a weakened arm due to childhood meningitis, and threw boiling water over him.
Gibson crammed the body into a suitcase and dumped it in the Water of Leith. The body of Mr Wallace, from Galashiels, Selkirkshire, was taken out of the water on July 28 2003.
Gibson was found guilty of murder after a trial at the High Court in Edinburgh.
Judge Lord Dawson told him: “No words of mine can adequately express the public’s revulsion at your behaviour towards your friend. All that I can do is reflect that revulsion.”
An SPS spokesman said: “We do not comment on individual cases but we do not allow conjugal visits.”