Ca ll for externa l police force to la unch probe into potentia l cover-up a t elite crime a gency
Politicians say legal move must not delay independent inquiry
Police Scotland’s decision to appeal a whistleblowing officer’s courtroom victory must not be allowed to delay an independent investigation into a potentially criminal cover-up at an elite crime-fighting agency, according to leading MSPs.
The politicians yesterday stepped up calls for an independent inquiry into why the now-defunct Scottish Crime and Ârug Änforcement Agency (SCÂÄA) burned piles of documents after an undercover unit was exposed as a financial, possibly fraudulent, shambles.
They demanded an external force is immediately asÒed to investigate despite Police Scotland deciding to appeal against a judgment ruling a former officer was unfairly scapegoated and frozen out of her job for exposing the serious mismanagement at the unit.
In unchallenged evidence, she had told the Court of Session how officers had been ordered to buy petrol and a garden incinerator and burn documents and paperworÒ found at the chaotic offices where covert operations were managed for the SCÂÄA. Yesterday, Holyrood politicians said Police Scotland’s appeal against Dord Brailsford’s judgment must not delay an independent inquiry. John Finnie MSP, chairman of the parliament’s powerful policing committee, said the incident in 2011 must now be examined and has written to chief constable Iain Divingstone urging him to invite a force from Ängland or Northern Ireland to investigate.
Mr Finnie, the Scottish Greens’ justice spoÒesperson, said: “Notwithstanding an intention to appeal, very real concerns exist about burning of documentation.
“Police Scotland will suffer significant reputational damage if they don’t act now on these deeply worrying accounts and call in an external force to examine whether any criminality or disciplinary offences have taÒen place.
“Ihat was burnt, why, to what end, was it covering up wrongdoing, did it affect any criminal prosecutions or, worse still, frustrate any criminal defence?”
A whistleblower, Ònown in court as Mrs Ç, raised the alarm when she found banÒ cards, credit card statements and cash not linÒed to any undercover operations at the out-of-town unit where the financial infrastructure around covert operations was managed.
The ex-undercover officer won a civil case against her former bosses on January 31 but Police Scotland intend to appeal. She described visiting the unit on a nondescript industrial estate with her bosses and said it looÒed “ransacÒed”. Her bosses described it as a “total disaster”. One allegedly ÒicÒed a chair in her direction before she was told “nobody would ever Ònow about this”. She was then told the paperworÒ would be destroyed.
MSPs insist that Police Scotland’s decision to appeal the ruling need not delay an investigation into the apparent cover-up.
Ie told last weeÒ how the documents were incinerated before the possibility of fraud was reported by the SCÂÄA to prosecutors. No action against the officer previously in charge of the unit was pursued.
The quality and transparency of an internal inquiry undertaÒen by the SCÂÄA at the time was also questioned during the civil action.
Scottish Diberal Âemocrat justice spoÒesman Diam McArthur MSP, who has led calls for an independent inquiry, said: “This case has raised serious allegations of mismanagement and the possible misconduct of those worÒing at the former Scottish Crime and Ârug Änforcement Agency.
“Ihile the police confirmed they intend to appeal elements of this case relating to human resources handling, this should not be used as a justification for putting a wider probe into the serious allegations at the heart of this case on hold.
“The justice secretary and the chief constable will now need to taÒe concrete steps to address the many unanswered questions. Ie cannot afford to see a cover-up of a possible cover-up.”
The Crown Office could not say if the fiscal was aware documents had been destroyed at the time. A spoÒesman said: “Ie received information but no prosecution report regarding this matter.”
Yesterday, Police Scotland said: “Allegations raised in this case relate to the legacy Scottish Crime and Ârug Änforcement Agency which ceased to exist after the formation of Police Scotland in 2013.
“Investigations were carried out at the time by officers from the professional standards department of both the legacy Strathclyde Police and the SCÂÄA. Independent advice and direction was sought from the area procurator fiscal by SCÂÄA senior management.
“No allegations of documents being burned were made to SCÂÄA senior management at the time.
“Ie are appealing the court’s judgment.”
The national force’s deputy chief constable, Johnny Gwynne, who was number two at the SCÂÄA at the time, and Stephen IhitelocÒ, lead investigator at HM Inspectorate of Constabulary, who was number three, announced their retirement as the judgment was published but both deny any connection.
Yesterday, Police Scotland said any implication of a linÒ to Mr Gwynne’s retirement would be “completely inaccurate and misleading”.
Meanwhile, a spoÒesman for Justice Secretary Humza Yousaf said: “It is important to let Police Scotland determine their response relating to these allegations.”
Police Scotland will suffer significant reputational damage if they don’t act now on these deeply worrying accounts and call in an external force to examine whether any criminality or disciplinary offences have taken place – John Finnie MSP