The man who killed Dundee toddler Brandon Muir will be released from prison before Christmas, The Courier can reveal.
Robert Cunningham will be granted automatic early release after serving two-thirds of his 10-year sentence.
Although he was sentenced in 2009, that 6.6 year period will come to an end around the end of October because he spent a year on remand before his trial.
Scottish Labour justice spokesperson MSP Graeme Pearson said: “The early release will rekindle the feelings of injustice recognised by the whole of Scotland regarding the circumstances surrounding the death of Brandon.”
Brandon was 23 months old when he died in March 2008, having suffered more than 40 separate injuries in the three weeks after Cunningham moved in with the boy’s mother, Heather Boyd, at Balunie Crescent.
Medical experts said the death was caused by a “massive blow” to his stomach.
However, a post-mortem examination also found cuts and bruises on his head, shoulder blades, abdomen, back, hands and abrasions on the inside of his eye.
He had also suffered broken ribs and a ruptured intestine.
Brandon’s father, John Muir, said: “I just have hatred for that guy so (it would) not be a good thing if I ever see him walking the streets.”
Cunningham denied murdering Brandon but was convicted of the lesser charge of culpable homicide by a majority verdict at the High Court in Glasgow in March 2009.
Brandon’s mother, who was a heroin addict, was acquitted of culpable homicide. Boyd was out working as a prostitute on the night Brandon died.
When she returned home, the toddler was already unwell but she and Cunningham took him to a party, where he vomited brown liquid.
He was eventually taken home and at around 4am Boyd noticed he was no longer breathing. She called an ambulance but it was too late to save his life.
Last year the Scottish Government announced it was to scrap the prisoner early release scheme.
The change would not affect serving prisoners but would stop those sentenced for 10 years or more being automatically released on licence after serving two-thirds of their sentence, even if the parole board has not directed release by that time.
However, amendments to the Criminal Justice (Scotland) Bill, which would bring in the changes, will not now be introduced until after the Post-corroboration Safeguards Review, chaired by Lord Bonomy, has reported next year.
Additional reporting by Steven Dinnie