CASH-strapped Police Scotland spent nearly £14,000 securing a top QC in the scandal over illegal spying on the suspected sources of journalists.
Jeremy Johnson acted for the force in the case and opposed compensation for one of the individuals who was a victim of the unlawful action.
In a previous guise, Johnson worked for a police force south of the border on the Hillsborough tragedy.
In 2015, the Sunday Herald revealed that the officers in the single force’s Counter Corruption Unit had illegally used the Regulation of Investigatory Powers Act (RIPA) in a bid to flush out a newspaper’s confidential sources.
A media outlet had exposed the shortcomings in the original investigation into the killing of prostitute Emma Caldwell and disclosed the existence of a so-called “forgotten” suspect.
The force wrongly believed that serving and former police officers had played a role in the leak and used their spying powers to conduct a mole hunt.
Various probes were followed by a ground-breaking hearing in Edinburgh of the Investigatory Powers Tribunal (IPT), which hears complaints about the misuse of covert techniques by public bodies. The tribunal was a “remedies” hearing as Police Scotland had admitted that the use of their powers had been unlawful.
However, although the force could be been represented by an in-house lawyer, Police Scotland turned to Johnson.
He was the QC who represented West Midlands Police during the inquests into the deaths arising from the Hillsborough disaster.
While South Yorkshire Police had been in charge of planning and operational duties on the day of the tragedy, West Midlands was in charge of the original investigation into the conduct of the officers.
According to Police Scotland, the force was was invoiced £13,785.00 for senior counsel’s work in dealing with the six cases, covering the period between February and July 2016.
An Audit Scotland report in December stated that the police service is facing a potential long-term deficit of £188m.
Part of the tribunal centred on whether one of the complainants, retired officer Gerry Gallacher, should receive compensation.
On behalf of the force, Johnson submitted: “There is no case for compensation.” However, the tribunal disagreed and awarded Gallacher £10,000.
An independent investigation into the non-criminal aspects of the row is being conducted by Durham Constabulary. Police Scotland chief constable Phil Gormley asked the force to carry out the probe last year.
Scottish Conservative shadow justice secretary Douglas Ross said: “There’s nothing wrong with Police Scotland seeking expert legal help in such cases. However, it is an organisation that is forever complaining about a lack of resources. People won’t have much sympathy with that line in light of these revelations.”
Scottish Liberal Democrat justice spokesperson Liam McArthur MSP said: “These were serious breaches of the law governing interception of communications data. As well as facing up to the consequences of its previous recklessness, the national force must make absolutely sure its operations are wholly compliant with the law going forward."
A Police Scotland spokesperson said: "Police Scotland required to be appropriately represented at the IPT remedy hearing. Jeremy Johnson QC was instructed to do so based on his experience in such matters."
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