The Herald on Sunday

Police pay £14k to Hillsborou­gh lawyer for spy scandal case

- BY PAUL HUTCHEON

CASH-STRAPPED Police Scotland spent nearly £14,000 securing a top QC to represent the force 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.

Previously, Johnson represente­d West Midlands Police during the inquests into the deaths arising from the Hillsborou­gh disaster.

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 groundbrea­king hearing in Edinburgh of the Investigat­ory Powers Tribunal (IPT), which deals with 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 have been represente­d by an in-house lawyer, Police Scotland turned to Johnson

He was the QC who represente­d West Midlands Police over 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 the police service is facing a potential long-term deficit of £188 million.

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.

“Given the potential ramificati­ons for its reputation and finances, Police Scotland can’t afford any repetition of these intrusive incidents.”

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 experience.”

 ?? Police Scotland falsely believed former officers had leaked informatio­n to the media regarding the Emma Caldwell case ??
Police Scotland falsely believed former officers had leaked informatio­n to the media regarding the Emma Caldwell case

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