ACCUSED. ARRESTED. JAILED. WRONGED
Police Scotland’s six-figure apology to innocent man thrown in prison
Police have paid more than £100,000 compensation to an innocent man arrested and jailed in error, we can reveal.
Gary Webb was handcuffed by detectives at his home, driven across the country, held overnight in a cell, appeared in court and sent to prison on remand before police finally admitted they had the wrong man.
Police Scotland initially dismissed a complaint from Mr Webb but watchdogs later ordered the arrest of five officers involved. The Crown Office has now decided not to prosecute any of the officers but their force finally apologised to Mr Webb yesterday after agreeing a six-figure settlement.
Yesterday, Mr Webb, who has no convictions, broke his silence to claim officers knew they had the wrong man after arresting him in 2015 but still let him spend four nights behind bars.
He said: “They saw my passport and they took my fingerprints. They knew I wasn’t the man they were looking for but let me go to jail anyway. I thought I was going insane.”
An innocent man has been paid more than £100,000 by police after he was arrested and held behind bars for four nights despite his fingerprints proving detectives had the wrong man.
We can reveal the payout to Gary Webb as the Crown Office confirmed none of the five officers linked to the arrest and an alleged cover-up will face prosecution.
The 60-year-old former timber yard manager, who has no criminal record, was arrested by detectives who went to his home to serve a warrant on a completely different person. He was handcuffed, driven across the country, held in a police cell overnight, appeared in court, and spent three nights on remand in prison before being freed without apology or explanation.
Yesterday, speaking publicly about his ordeal for the first time, Mr Webb said he thought he was going insane as his protestations of innocence were ignored, adding: “Everything that happened goes against all reason, common sense and decency. Where do you go when you’re trying to get justice against the justice system?
“My life has been trashed. Completely trashed.”
After his release, Mr Webb, of Gatehouse of Fleet, Kirkcudbrightshire, made a formal complaint for wrongful arrest but, after two years, an internal police investigation rejected his complaint and recorded it as a “quality of service” issue, the least serious type of complaint.
He then contacted the Police Investigations and Review Commissioner (PIRC), the police watchdog, who ordered the arrest of five officers and reported them to the Crown Office over allegations of criminal neglect of duty and attempting to pervert the course of justice.
We can reveal today that, following an investigation lasting more than two years and almost five years after Mr Webb’s arrest, none of the five will face prosecution.
Three have now retired and Police Scotland refuses to say whether any of the officers have faced, or will face in the future, any disciplinary action.
In a further development, one of the officers is now suing PIRC over his arrest by their investigators.
Mr Webb’s ordeal first emerged when Kate Frame, the then PIRC, revealed her grave concern over his arrest and the handling of his complaint in an interview with The Sunday Post. She later told Holyrood’s justice committee the force’s response to Mr Webb’s complaint “suggests an endeavour to keep those matters hidden” and said the case was “an illustration of Police Scotland’s unwillingness to recognise serious failings”.
Now Mr Webb’s lawyer and members of Holyrood’s justice committee, are calling for an inquiry.
Gordon Dalyell, a partner at Digby Brown Solicitors, said: “The arrest and continued detention of Mr Webb was nothing short of outrageous.
“The life of an innocent man was ruined because of the deliberate and malign actions of police officers.
“I would like to think an inquiry will occur in due course to ensure innocent people are not illegally detained and Police Scotland staff who act illegally will be held accountable.”
Scottish Conservative shadow justice secretary Liam Kerr said: “There still appear to be unanswered questions.
“It’s essential there is more transparency around the case, so the public can be reassured there will be no recurrence.
“We need to know why this happened, why it went on so long and why a resolution has only been found several years later.”
Scottish Green’s justice spokesman John Finnie said: “It’s entirely right that Mr Webb received damages for the double nightmare of being wrongly arrested then locked up in a prison.
“It’s vitally important the police learn from this case and I can only hope Mr Webb has been able to get on with his life following the unnecessary trauma he faced.”
The case sparked an angry exchange between police and PIRC after it was referred to at a justice committee meeting in November 2018. Discussing how police deal with complaints, then PIRC Ms Frame told the committee: “Recently we have seen some evidence of serious criminal allegations that have been inappropriately recorded.”
She added Mr Webb had come forward seeking a complaint handling review, adding: “Had the complainer not had this option we would have been none the wiser.”
It prompted a response from Police Scotland’s internal discipline head, Assistant Chief Constable Alan Speirs, that the case was “indicative of the transparency of a process that has facilitated further inquiry”.
AEut Ms Frame responded: “The circumstances of this case resulted in a member of the public being unlawfully detained for a number of days and adequately exemplifies both inappropriate recording of a complaint and significant inadequacies by Police Scotland in how the complaint was dealt with.
“It is in fact an illustration of Police Scotland’s unwillingness to recognise serious failings...to address matters and suggests an endeavour to keep those matters hidden.”
Yesterday, ACC Speirs said: “We recognise the significant impact this incident and our poor initial response had on Mr Webb and, following the conclusion of legal proceedings, will seek to discuss these matters with him and offer an unreserved apology.
“Our officers and staff work with commitment and professionalism day in, day out, to provide a highquality policing service for the public. When learning opportunities are identified, Police Scotland is committed to supporting officers and staff who have acted in good faith. We will not comment on internal misconduct matters.”
The Scottish Police Federation said: “We continue to support all five officers including in relation to current litigation regarding the PIRC over this case.”
PIRC said: “We were instructed by the Crown Office and Procurator Fiscal Service (COPFS) to investigate allegations of criminality against a number of police officers.
“Following the conclusion of our investigation, we submitted a full prosecution report in July 2019 to the COPFS containing evidence and findings in relation to five of the officers. Any decision on whether to take further action is a matter for the COPFS.”
PIRC added it was aware of a legal case by one of the officers against it: “We are aware of an action and will defend it vigorously.”
The Crown Office said: “After careful consideration of the facts and circumstances of the case, Crown Counsel instructed there should be no proceedings taken at this time.
“The Crown reserves the right to pro ceed in the future should further evidence become available.”