POLICE Scotland has been instructed not to destroy the information it used to drag innocent officers into a spying scandal linked to the killing of prostitute Emma Caldwell.
The Investigatory Powers Tribunal, which found that the single force had acted unlawfully in the case, warned that any destruction of data before legal proceedings had ended would be a “breach” of its legal judgement.
In 2015, a newspaper published an expose of the original Strathclyde Police probe into killing of Caldwell, whose body had been found ten years earlier in woodland near Biggar.
Police Scotland’s Counter Corruption Unit (CCU) responded by illegally using the Regulation of Investigatory Powers (RIPA) Act to find out if serving and retired officers had helped leak the information. However, the individuals targeted were entirely blameless.
CATCH UP: HOW THE SUNDAY HERALD BROKE THE ILLEGAL SPYING STORY
At an IPT hearing - at which the officers who were falsely implicated in the leak sought a remedy - Police Scotland admitted the activity had been unlawful.
As a result, Durham Constabulary were tasked with investigating the breaches, and data from the case was to be retained pending the outcome of the Durham probe and legal proceedings.
However, earlier this month, Police Scotland Assistant chief constable Alan Speirs wrote to the victims:
“I write to advise you that in line with IPT recommendations, it is the intention of Police Scotland to cleanse the contents of the relevant Force databases and all material, not considered to reflect the truth of these matters, will now be removed.”
The letter is believed to have alarmed the victims and prompted an email from the IPT to Police Scotland.
The deputy tribunal secretary wrote that the IPT “considers that deletion or destruction of data, without the consent of the Applicants, by or at the instruction of the Respondent, at a time when it is plain that there may be continuing related proceedings, in the High Court or otherwise, would appear to be a breach of the agreement contained in the Order”.
The official added that Police Scotland should “desist” from this course of action, unless a further application was made to the Tribunal.
At a meeting of Holyrood’s justice sub-committee on policing last week, Durham Constabulary chief constable Michael Barton told MSPs that Police Scotland had “prevented” him from carrying out a proper investigation.
Picture: Chief Constable Barton at Holyrood
Barton said he wanted to conduct an investigation in line with the IPT judgement, but claimed the single force had limited it to a lower level ‘enquiry’.
He said: “That’s when I became a little bit confused and a little bit concerned.” Barton singled out the force’s legal team and Professional Standards Department for criticism.
He accused Police Scotland of “ineptitude” and said “people have dug themselves into the trenches”.
In an astonishing passage of evidence to MSPs, he said of the so-called intelligence case used against the victims:
"They [Police Scotland] made it up. It was made up. It was never legitimate to have it because they made it up."
Durham completed its enquiry, after which the Police Service of Northern Ireland (PSNI) carried out the misconduct side of the probe. The single force said PSNI found no misconduct by officers.
Speaking to the Sunday Herald, Barton stepped up his criticism of the way Police Scotland dealt with his force after the IPT ruling:
“Please remember I was asked by the chief constable to come in and conduct an independent investigation. That is why I was perplexed when some of Phil Gormley’s staff chose to erect unnecessary obstacles.
“I understand from reading the press there are no misconduct to follow from the PSNI investigation. I am sure the officers in jeopardy will be relieved to be able to get on with their duties. Police Scotland must nevertheless attack with alacrity and integrity the lessons to be learned.
He continued: “Everyone who has scrutinised the counter corruption unit’s actions in 2015 agree it was unlawful. Police Scotland need to satisfy themselves that this won’t happen again.”
He added: “Had I been allowed to complete an independent investigation, it would have been done at least six months quicker and at significantly less cost.
“I have a sense that there remains an overly defensive culture in the professional standards and legal departments in particular. It is only when you change this culture we can grow public confidence in the system."
Barton concluded: “The policies and procedures they have created in addition to the regulations passed by Parliament get in the way of their stated values and don’t give the public satisfaction or indeed speedy justice for their staff.”
ACC Speirs said: "Police Scotland will ensure that any removal of data has the appropriate permissions and complies with the relevant legislation."
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