He was very much doing what he was told and following orders. He was a footsoldier

Defence counsel Margaret Scott

The 21-year-old was later moved to different accommodation within the Glasgow prison pending a full legal appeal of the judge's decision.

However, when he appeared at the High Court in Edinburgh on Friday, Napier admitted assaulting and robbery.

He was jailed for six years for assaulting Margaret Zambonini, 42, and her 14-year-old girl helper and robbing them of �200 and the contents of an ice cream van.

Napier, of Carvale Avenue, Salsburgh, in Lanarkshire, has previous convictions for assault to severe injury and theft.

Advocate depute Derek Batchelor QC told the court that in May last year Miss Zambonini's brother had hired an ice cream van from Adam Stark.

Miss Zambonini and the girl were working in the van in Cumbernauld when a man approached and asked for a can of Irn Bru.

Slopping out was called inhumane

However, Napier - who was armed with a knife - then appeared and clambered through the serving hatch.

His accomplice also climbed into the van, went to the driver's seat and drove off while Napier remained in the rear of the vehicle with the two victims.

He told them: "We have been told to get this van off the road."

The van was driven to a deserted farmhouse near Slamannan in Stirlingshire, with a car tailing it.

When it stopped the young girl was told to fill a bag with cigarettes and money was taken from the till.

The man who had driven the van told Miss Zambonini: "Tell Adam Stark all his vans are getting it, one by one."

Napier was jailed at the High Court in Edinburgh

Three men wearing balaclavas then appeared from the car which had been following the van and one of its tyres was slashed before the gang made their getaway.

Later that month police received information that Napier was involved in the attack.

He confessed but refused to name his accomplices.

Defence counsel Margaret Scott said Napier's cannabis suppliers had offered to wipe out his debt if he took part in the robbery.

"He was very much doing what he was told and following orders. He was a footsoldier," she said.

"Clearly he regrets what he got involved in. He said that when it had started he felt he was out of his depth," said Miss Scott.

Slopping out

Napier has been in prison since 18 May, when he was arrested after failing to appear at the High Court in Glasgow to answer the charges.

His legal action sought transfer from Barlinnie and compensation of �5,000.

Last week Lord Macfadyen said that slopping out - where prisoners use a pot or bucket as a toilet in their cells - was "inhumane and degrading".

Scottish Executive lawyers lodged an appeal, which was due to be heard last Friday.

Shortly before the hearing was due to start, it emerged that an agreement had been reached between Napier's legal team and the executive for him to be moved to different accommodation in the prison, pending a full legal debate on the issues involved.