The dead cannot call for justice. The living must do that. Emma Caldwell deserves justice
It was clear long before the pandemic that Scotland’s justice system was grinding to a halt but still there can be no justifiable reason for the length of time taken by Crown Office as the investigation into the death of Emma Caldwell continues.
All lawyers know that lengthy delays present a danger that witness accounts will fade or evidence will disappear and it has now been 16 years since her murder and the reopened inquiry will shortly enter its seventh year.
The mantra of the Crown Office is that “due to the complex nature of the case our decision has not yet been reached”. It has become an excuse to avoid taking decisions and there is no accountability. The Crown Office claims to prosecute in the public interest, whatever happened then to the pursuit of the killer of Emma?
The family were advised several years ago that Crown Counsel’s decision was imminent, the question for the Lord Advocate is how long can it possibly take for his senior prosecutors to make their minds up? The years of delays have taken a toll on Emma’s family, who have become tired of repeated apologies, promises and inquiries into inquiries. The fact remains that Emma Caldwell’s killer is still at large and this is down to the failures in the initial police investigation followed by years of inaction when the unsolved case was quietly forgotten followed by another inquiry followed by more years of apparent inaction and indecision.
The only thing that has ever mattered for Emma’s mother, Margaret, was to win justice for her daughter and she has maintained a quiet dignity throughout this ongoing ordeal and, on many occasions, has publicly expressed confidence in the new murder inquiry despite it all.
The dead cannot cry out for justice, however, that is the duty of the living. Mrs Caldwell, at least, has done everything she possibly could for her beloved daughter.
With a report submitted to Crown Office by Police Scotland in 2018, I can only describe the treatment of this family as an unbearable and prolonged cruelty.
Mrs Caldwell once told me Emma would always be her little girl. She has the right to know that justice will be done for her little girl.