POLICE Scotland have been ordered to pay £10,000 damages to one of its former officers after a tribunal ruled it had acted admitting unlawfully in a spying case.

The force was ordered to compensate Gerard Gallacher after the intelligence service complaints watchdog ruled that Police Scotland had breached the Human Rights Act in its attempts to find out how information was made public about a suspect in the 11-year-old unsolved murder of prostitute Emma Caldwell.

The Investigatory Powers Tribunal has also directed that an inquiry is held into the affair by "an appropriately senior officer" from another police force without previous connection with Police Scotland.

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Officers were found to have obtained communications data without judicial permission while trying to determine details of a journalist's sources.

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Solicitor advocate Peter Watson (above), acting for four of six people taking actions against the force said this is expected to decide whether the privacy breaches were a deliberate act that would have a "criminal consequence".

Gerard Gallacher, a former police officer who carried out an 18-month journalistic investigation into what was one of Scotland's most famous unsolved murder said he had suffered an "invasion of privacy, familial strife, personal stress and strain and loss of long-standing friendships" as a result of Police Scotland's actions.

The tribunal said Police Scotland was liable for the acts and omissions of its officers, and had made the award to Mr Gallacher "to reflect the stress he has suffered and his loss of earning capacity".

Two former police officers. Mr Gallacher and a man known only as Mr O and their wives, together with two serving policemen, David Moran and Steven Adams, took the action against the force to "complain of the collateral interference with their privacy".

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Since March 2015, police forces have required judicial approval before using the Regulation of Investigatory Powers Act (RIPA) to flush out confidential media sources.

But the tribunal found Police Scotland illegally used the RIPA to determine whether serving and retired officers had played a role in the leak.

Police Scotland’s failure to seek judicial approval for the mole hunt triggered parliamentary hearings and months of negative publicity.

The Interception of Communications Commissioner’s Office (IOCCO), ruled that Police Scotland contravened the acquisition and disclosure of communications data code of practice on five occasions and determined the activity had been “reckless”.

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But Craig Sandison QC representing Mr Moran, Mr Adams, Mr O and his wife - have said they do not accept the conclusion that their actions were merely reckless and not wilful.

They withdrew any claim against Police Scotland to concentrate on what they saw was "the proper remedy" - an independent investigation into what happened.

Mr Watson said: "We wanted an investigation to explore all the facts and circumstances and that is what we have got and that is a good outcome. The fact it will have to be investigated by a new force will give the opportunity for this to be properly investigated for the first time.

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"A new investigation will allow a determination whether this was a a deliberate act or a reckless act. One has a criminal consequence and one doesn't.

"It has been a shocking infringement of privacy and human rights. The judgement lays that bare for all to see."

Last month Police Scotland chief constable Phil Gormley asked his Durham Constabulary counterpart Mike Barton to conduct an "independent investigation into a number of non-criminal complaints, which relate to matters connected to the breach of communications data protocols and guidance".

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It will run in tandem with the murder hunt launched weeks after details of the 'forgotten suspect' were revealed in April, last year.

Detective Inspector David Moran, one of the complainants in the case, said the inquiry by an external police force into the circumstances surrounding the affair "is a large step forward".

But he said he had concerns that Police Scotland have invited the chief constable of Durham Constabulary to examine the outstanding 'non-criminal' matters only.

"I do not believe that is in the spirit of what was discussed at the IPT hearing on July 22 and that all matters, whether potentially criminal or non-criminal, should be on the agenda for a new independent and impartial enquiry," he said.

"Nobody, including myself, knows the full detail of what happened, the level it reached within Police Scotland and who exactly caused officers to break the laws and codes governing the interception of communications.

"Until that is fully established then, in my opinion, no assumption should be made that criminality was not involved.".

David Kennedy, deputy general secretary of the Scottish Police Federation, said: "This judgement leaves no doubt that the actions of the Police Service of Scotland towards our members (and others) breached their human rights.

"The SPF had no hesitation in supporting our members seek remedy for this breach and we sincerely hope the service will reflect on this ruling when considering their future actions."

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Police Scotland deputy chief constable Iain Livingstone said the force would "consider and act" on the findings of the IPT.

He added: "Police Scotland has fully accepted that standards fell below those required in this case. It would be inappropriate to comment further at this stage given the investigation to be conducted by Chief Constable Barton."