Police to face probe by outside force into illegal spying scandal
BY PAUL HUTCHEON
ACOURT is set to order an independent investigation into the unlawful spying on journalists’ sources by Police Scotland. The Investigatory Powers Tribunal (IPT) said on Friday that it may task a police force outside Scotland with probing the breaches after the single force admitted culpability.
A police source told the Sunday Herald: “This is a massive humiliation.”
Since March 2015, police forces have required judicial approval before using the Regulation of Investigatory Powers Act (Ripa) to flush out media sources.
As revealed by the Sunday Herald, Police Scotland last year flouted rules by trying to find out how a newspaper got its information on the unsolved murder of sex worker Emma Caldwell.
The force illegally used Ripa to determine whether two serving and two retired officers played a role in the leak.
However, Police Scotland’s failure to seek judicial approval for the mole hunt triggered parliamentary hearings and months of negative publicity.
The Interception of Communications Commissioner’s Office (IOCCO), which confirmed the breaches, determined the activity had been “reckless”.
The IOCCO also informed the four affected individuals, who did not leak any information, that they could take their cases to the IPT, which examines Ripa breaches.
In a groundbreaking tribunal last week – the first IPT case to be heard in Scotland – lawyers discussed an “effective remedy” for the victims.
The tribunal was comprised of three senior legal figures: IPT president Sir Michael Burton; former high court judge Sir Richard McLaughlin; and Susan O’Brien QC.
Three of the four who had been targeted – serving officers David Moran and Steven Adams, as well as a retired policeman known as Mr O – were represented by QC Craig Sandison.
The fourth, former detective Gerard Gallacher, represented himself. Police Scotland hired Jeremy Johnson QC.
The one-day hearing was not an evidence session, as Police Scotland did not contest the IOCCO’s findings.
Johnson said: “Police Scotland concedes that the authorisations were unlawful, that they were incompatible with the complainants’ rights.”
However, Sandison’s clients believed the breaches were “wilful” rather than reckless and wanted to revisit the circumstances of the unlawful actions.
Sandison told the tribunal they wanted an independent investigation.
The complainants are awaiting a determination from the IPT, but panel members indicated a preference for tasking a non-Scottish law-enforcement body with examining the breaches.
Burton said: “I think it has got to be someone from outside Scotland.”
O’Brien added: “And who had never previously worked in Scotland.”
Moran said on Friday: “I hope that they [Police Scotland] will apologise, which they have never done up to now. This is about restoring my reputation.”
Gallacher said: “I’m very pleased the IPT has recognised that the behaviour of Police Scotland, in illegally pursuing myself and others, including two serving officers, should be investigated.”
Police Scotland Deputy Chief Constable Iain Livingstone said: “We await the findings of the IPT and will, of course, comply with any directions given. Police Scotland fully accepted that it did not adhere to the new guidelines and that there were deficiencies in the applications themselves.”