Spy row deepens as police chief contradicts evidence
Murder probe was not live during snooping operation, says Gormley
POLICE Scotland Chief Constable Phil Gormley has directly contradicted his former deputy in the row over Police Scotland illegally spying on suspected journalists’ sources.
Mr Gormley said that an investigation into the unsolved murder of prostitute Emma Caldwell had not been “live” in the month officers carried out a snooping operation into media leaks about the case.
His comments in a letter to MSPs is at odds with the evidence given to MSPs by former deputy chief constable Neil Richardson, who said last year that the leak probe followed breaches from a “live murder inquiry”.
Police forces are required to obtain judicial approval before using the Regulation of Investigatory Powers Act (Ripa) to flush out a journalist’s source.
It emerged last year that the force’s Counter Corruption Unit (CCU) illegally used its powers in a bid to find out who gave the Sunday Mail information for its articles in April 2015 on the Caldwell case. Her killer has never been caught and the newspaper revealed flaws in the original police investigation.
The force wrongly suspected serving and retired police officers of having a role in the leaks and CCU officers used Ripa without the approval of a judge.
The unlawful snooping triggered investigations by the Holyrood Justice Committee, the Interception of Communications Commissioner’s Office and Her Majesty’s Inspectorate of Constabulary in Scotland.
In December, Mr Richardson, who had portfolio responsibility for the CCU, told MSPs it would have been a “neglect of duty” not to investigate the leaks. “Again, the context is critical,” he said.
“Basically, what we are dealing with is information that breached out of a live murder inquiry.”
However, Mr Richardson’s view that the Caldwell case was “live” has since been questioned.
The HMICS report stated: “There was no ‘live’ enquiry ongoing and no major investigation team established at this time.”
In a letter to Mr Gormley, Justice Committee convener Margaret Mitchell asked whether the force agreed “as a matter of fact, that the evidence provided as to the ‘live’ status of the Emma Caldwell murder inquiry in April 2015 was not accurate”.
Mr Gormley’s response stated: “However, on balance I consider it appropriate to now advise you and the committee members that, in April 2015, the enquiry into the murder of Emma Caldwell was not live.”
His letter added: “I am reluctant at this time to draw a conclusion in regard to this point [the Richardson evidence] as investigations continue and trust the committee understands my position in the matter.”
Durham Constabulary has been tasked with reviewing the CCU scandal.
Mr Richardson retired from Police Scotland earlier this year.
Officer can obtain details of a person’s texts, emails and phone records as part of an investigation under Ripa.
However, this does not provide officers with carte blanche.