Wrongful arrest case officer sues watchdog

A POLICE officer is taking a force watchdog to court claiming he was wrongfully arrested – during a separate inquiry into the botched arrest of an innocent man.

Sergeant Barry Scott was held over his alleged involvement in the case of Gary Webb.

Mr Webb, 60, received more than £100,000 in an out-of-court settlement after he was arrested by officers with a warrant for somebody else in 2015 in a case of mistaken identity.

He spent one night in police custody and three nights in prison.

Mr Scott is one of five officers who were arrested – but not prosecuted – in relation to the case.

He is now taking the Police Investigations and Review Commissioner (PIRC) watchdog to court claiming his detention was unlawful and unnecessary.

Mr Scott was one of the officers held by the PIRC investigating how, in a case of mistaken identity, an innocent man was taken from his home, driven across country, held in a cell then remanded in prison before police and prosecutors accepted that they had the wrong man.

Mr Webb, a former timber yard manager, received damages in excess of £100,000 from Police Scotland.

He was arrested despite having no criminal record, and his passport and other documents proved his identity. The real suspect also had distinctive tattoos. Mr Webb, of Gatehouse of Fleet, Kirkcudbrightshire, said: ‘Police Scotland’s behaviour has been despicable and my life has been trashed. What happened to me was outrageous and it’s ludicrous to think this officer feels entitled to compensation. How can he think he has a case when the facts of the PIRC investigation are very clear? It beggars belief.’

Five police officers involved in Mr Webb’s detention were arrested and reported to the Crown Office by the PIRC on allegations of criminal neglect of duty and attempting to pervert the course of justice, but the Crown Office decided last year they would not face prosecution.

Mr Scott’s case, which names former PIRC boss Kate Frame but is against the office of the PIRC, called last month at Hamilton Sheriff Court civil department and will call again for a proof hearing. Mrs Frame stepped down from her role last year.

The damages case is thought to be the first time since its formation in 2013 the PIRC has been taken to court by police.

The officer’s case is being backed by the Scottish Police Federation and is due in court next month.

A spokesman for the PIRC said: ‘As there are live legal proceedings, it would be inappropriate to comment.’

The Crown Office said it was unable to comment.

‘My life has been trashed’