CHIEF Constable Phil Gormley has directly contradicted his former deputy in the row over Police Scotland illegally spying on suspected journalists’ sources.
In a letter to MSPs, Gormley wrote that an investigation into the unsolved murder of prostitute Emma Caldwell had not been “live” in the month officers carried out a snooping operation into media leaks about the case.
His statement is at odds with the evidence given to MSPs by former deputy chief constable Neil Richardson, who said last year that the leak probe followed breaches from a “live murder inquiry”.
Police forces are required to obtain judicial approval before using the Regulation of Investigatory Powers Act (RIPA) to flush out a journalist’s source.
It emerged last year that Police Scotland’s Counter Corruption Unit illegally used its powers in a bid to find out who gave the Sunday Mail information for its articles in April 2015 on the Caldwell case. Nobody has been brought to justice for her killing and the newspaper revealed flaws in the original police investigation.
The force wrongly suspected serving and retired police officers of having a role in the leaks and CCU officers used the RIPA without a judge’s approval.
The unlawful snooping triggered investigations by the Holyrood justice committee, the Interception of Communications Commissioner’s Office (IOCCO) and Her Majesty’s Inspectorate of Constabulary in Scotland (HMICS).
In December, Richardson, who had portfolio responsibility for the CCU, told MSPs it would have been a “neglect of duty” not to investigate the leaks.
“Again, the context is critical. Basically, what we are dealing with is information that breached out of a live murder inquiry,” he said
However, Richardson’s view that the Caldwell case was “live” has since been questioned.
The HMICS report stated: “There was no “live” enquiry ongoing and no major investigation team established at this time.”
In a letter to Gormley in September, Justice Committee convener Margaret Mitchell asked whether the force agreed “as a matter of fact, that the evidence provided as to the ‘live’ status of the Emma Caldwell murder inquiry in April 2015 was not accurate”.
Gormley’s response states: “However, on balance I consider it appropriate to now advise you and the Committee members that in April 2015 the enquiry into the murder of Emma Caldwell was not live.”
His letter adds: "I am reluctant at this time to draw a conclusion in regard to this point [the Richardson evidence] as investigations continue and trust the Committee understand my position in the matter."
An outside force, Durham Constabulary, has been tasked with reviewing the CCU scandal. Richardson retired from Police Scotland earlier this year.
Liberal Democrat MSP Liam McArthur said:
"This letter confirms that a senior officer seem to have misled the Justice Committee in response to questions over serious breaches of rules that are in place to protect our privacy. Whether this was by accident or design it is wholly unacceptable.
“Police Scotland’s Counter Corruption Unit is in the eye of the storm over attempts to hack journalistic sources. This letter reveals more than 120 complaints and allegations about the conduct of CCU officers and criminal investigations into allegations of perverting the course of justice.
“Reports like this can only undermine the good work of police officers across Scotland. It looks like some officers within this unit thought that the rules did not apply to them."
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