Rapist to use human rights laws to fight life sentence Published on Monday 23 April 2012 14:13 A RAPIST who won a court challenge against his deportation is planning to use human rights legislation to fight a potential life sentence he now faces following a string of further sex attacks. Lawyers acting for Chan Wright maintain that the procedure that can lead to the imposition of an Order for Lifelong Restriction (OLR) would be "a form of preventative detention" incompatible with his right to liberty under Article 5 of the European Convention on Human Rights (ECHR). A judge today fixed a two-day hearing for next month to deal with the claim and objections on Wright's behalf to a risk assessment carried out on him. Lord Kinclaven pointed out at the High Court in Edinburgh that if the contention proved correct it would mean the provision in an Act of Parliament was not law. Jamaican Wright, 40, was jailed in 1997 for four years for raping a teenager in Livingston, in West Lothian, and was sentenced to four months imprisonment again in 2003 for cocaine trafficking. He was also convicted of breaching sex offender notification requirements. But in 2007 he successfully fought against a bid to deport him when three appeal judges at the Court of Session ruled that it was "irrational and not justified by a reasonable view of the evidence" to conclude that he posed a high risk of further sex and drug crimes. Lord Johnston, sitting with Lord Eassie and Lord Wheatley, upheld his challenge and ruled that an immigration tribunal should look again at his case. The Government had originally decided to order his compulsory removal from the country in 2003 but Wright began an appeal process. Unknown to the judges Wright, currently a prisoner but formerly of Menmuir, in Angus, had already committed a further catalogue of brutality and rape against other women. He was found guilty of spitting on, assaulting and raping three women and indecency offences against others last year with the crimes being committed between 1994 and 2010. Wright raped the women at addresses in Livingston, Edinburgh, Aberdeen, Angus and Aberdeesnhire. Following the conviction Lord Kinclaven ordered that a full risk assessment report should be prepared on Wright which can lead to the making of an OLR. Under and OLR a judge sets a minimum period for an offender to serve in prison, but any decision to release him is taken by the parole authorities. If freed he is kept under supervision. Defence counsel Maryam Labaki said it was intended to argue that the procedure amounted to "a form of preventative detention." Lord Kinclaven said: "The minute assets that the particular statutory provision is not law. That is the essential contention. Advocate depute Leanne Cross said the issues raised could potentially be "fairly significant" and might take some time to argue. Ms Labaki said a hearing should also be fixed when the findings of a psychologist on the risk posed by Wright can be examined. Lord Kinclaven told Wright that he would allow a notice of objection to the report to be received along with the human rights challenge which maintains that the statutory provision is not the law of Scotland. He also deferred sentence on him further. The judge remanded Wright in custody ahead of his next appearance at the High Court in Glasgow.