Sunday Mail (UK)

TERRIBLE CATALOGUE OF ERRORS

- Marcello Mega

PIRC found eight of 15 complaints made by Esther were not dealt with to a reasonable standard.

Investigat­ors found Esther’s arrest may have been unlawful as there had been insufficie­nt evidence to detain her.

The force must now reinvestig­ate the complaint.

Kerseboom’s release without charge, without consulting the procurator fiscal, was also “flawed”.

By the afternoon of June 6, 2011, the day of the incident, there had been enough evidence to charge him.

PIRC ordered a person with no previous knowledge of the case to conduct a review.

Police Scotland must also revisit their response to Esther’s complaint about stripping in custody. Although a WPC stated she could not recall if Esther was left naked from the waist down, Esther had been clear she was.

PIRC said: “The applicant’s version of events holds more evidential value than that offered by Detective Constable B.”

Police Scotland have also been told to explain why Esther was not examined by a female doctor after asking for one.

They have also been asked about Esther’s claims she gave consent only for medical details after the alleged rape to be accessed – but the Crown Office showed details from her past had been obtained.

Esther’s complaint that she was denied access to her mum was not handled adequately and Police Scotland must now reconsider it. PIRC said officers had no reason to think her mum would be a witness and failed to consider victims can give better evidence with support.

Esther’s complaint she had been interviewe­d without caution and with no appropriat­e adult present was found to be “inadequate­ly reasoned” by police.

PIRC also told the police to reinvestig­ate their failure to secure CCTV footage at Wick police station.

The watchdog underlined other failings. Esther learned of the suspect’s release when her mum was told at the post office. The force apologised and took steps to prevent similar mishaps.

Police Scotland had upheld a complaint Esther was not offered food and water during her detention and apologised. They also apologised for an unreasonab­le delay in the return of her property.

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