The long-awaited public inquiry into the Shirley McKie fingerprint saga yesterday opened with a warning that it must fully investigate the controversy and ensure that lessons are learned so that the public can regain their confidence in the work of the police and courts.
The long-awaited public inquiry into the Shirley McKie fingerprint saga yesterday opened with a warning that it must fully investigate the controversy and ensure that lessons are learned so that the public can regain their confidence in the work of the police and courts.
The hearing, which is expected to last seven weeks, will examine how fingerprint experts wrongly identified and verified a print - known as Y7 - as belonging to that of former police officer Ms McKie in the Kilmarnock home of murder victim Marion Ross, 51, in January 1997.
Gerry Moynihan QC, for the inquiry which is being held in Glasgow and chaired by former Northern Ireland appeal judge Sir Anthony Campbell, said in his opening speech: "This is the opportunity to have an independent judicial inquiry to investigate fully and publicly the controversy surrounding these fingerprints, and to reach conclusions in relation to the fingerprint examinations that were carried out to learn lessons for the future and ensure the public can have confidence in the reliance placed on fingerprint evidence in trials in Scotland."
He added that part of the inquiry will examine the "persisting rumour" that PC Mark Lees may have let Ms McKie into the house.
A retired detective said in his statement to the hearing that he claimed another policeman feared he would be disciplined for allowing Ms McKie into the Kilmarnock house where Marion Ross was murdered.
Former Detective Chief Inspector Les Brown said that the officer responsible for logging people involved in the inquiry had told a colleague that he allowed Ms McKie into the house "because he fancied her". He said the colleague had also told the officer: "that bitch will get us done; it was me that let her in." However, despite his claims, Mr Brown was unable to establish the officer's identity.
A thumbprint was found days later and identified as belonging to Ms McKie. Her fight to clear her name was blighted by allegations that police tried to link her to the murder in an attempt to cover up botched forensic procedures, and by a whispering campaign alleging she denied entering the murder scene because she had conducted a sexual liasion there with a married colleague.
Forensics officer, James Kerr, who had been working at the house on January 11, 1997, when Ms McKie had arrived to collect, photocopy and return the crime-scene log-book, told the inquiry he had overheard Ms McKie and PC Mark Lees engaged in a "heated discussion" on the porch in which the word "contamination" was used, the inquiry heard.
He also claimed Ms McKie had asked his permission to look around the house on that day, but that he had refused her entry Ms McKie says she has no recollection of asking Mr Kerr's permission, and that it was not his place to give it anyway.
Mr Moynihan added that a scenes of crime officer, Michael Moffat, said he suspected the fingerprint belonged to a Detective Constable Gray. He said he recalled seeing the officer resting his hand on the doorframe, noticed that the thumb of his glove had burst, and advised him to report that one of his prints might show up at the scene. But the officer said that he was wearing latex gloves, and he did not recall them being damaged.
Mr Moynihan also said the inquiry would consider whether the fingerprint investigation was impeded by the fact that the murder inquiry was not formally designated until after the post-mortem examination on Miss Ross. It continues today.












