TEN police officers who engaged in “inappropriate” private messages have launched court action against Police Scotland to stop them being made public amid claims it would bring the force into disrepute.
The officers have raised a judicial review to prevent the material – sent via WhatsApp – being used in a disciplinary proceedings against them.
Police Scotland claims the messages contain alleged derogatory or offensive remarks and the content had the potential to bring the police into disrepute with the public if it was known.
None of the officers involved in the case can be identified because of court orders.
The material came to light when police were involved in an investigation into alleged sexual offences in 2016.
None of the 10 officers were or had been a suspect in the operation.
But another man was taken into custody and a telephone was found and during the examination of its content WhatsApp chat groups were discovered which had names linked to the police.
A detective took the view that the content of messages found on them was not appropriate given the status of members of the group.
David Sheldon QC, for the police, yesterday asked a judge at the Court of Session in Edinburgh to dismiss the judicial review petition brought by the officers as incompetent.
He said: “There does not seem to be any dispute that the messages and contents of the phone on which they were found were lawfully in the hands of the police.”
He told the court that given the structure of police disciplinary rules it was “inevitable” it would come to a misconduct hearing.
“At that stage the petitioners (the officers) are perfectly entitled to object to the use of the evidence for any purpose other than the criminal investigation,” he said.
The officers maintain that its use in respect of non-criminal behaviour on their part is unlawful and incompatible with their rights to respect for private and family life under Article 8 of the European Convention on Human Rights.
Mr Sheldon said the chair of the misconduct hearing would have the power to rule on the admissibility of the evidence and would be able to appoint a legally qualified assessor to look at it.
He said the material had come before the police because of the criminal investigation and added: “Once seen it cannot be unseen.”
He argued that the officers had an effective remedy in the statutory process of the police disciplinary procedures.
Craig Sandison QC, for the officers, said the messages were in the hands of the police lawfully but for the specific purpose of detection and prosecution of crime.
He argued that the action should be allowed to proceed.
He added: “There is certainly a real threat hanging over the heads of the individuals.
“They are entitled to know where they stand.”
The judge, Lord Brailsford, reserved his decision and will give a ruling at a later date.
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