Police ‘may be forced to give evidence’ over spying scandal
A HOLYROOD committee has threatened to use special powers for the first time to force serving police officers to appear before an inquiry into a ‘spying’ scandal.
The Counter Corruption Unit, which was under the control of Deputy Chief Constable Neil Richardson, broke protocols by snooping on journalists’ sources during a botched murder inquiry.
The Scottish parliament’s justice committee wants four officers at the centre of the row to appear.
But yesterday Mr Richardson said ‘critical legal issues’ meant this could not
‘Officers should not have been named’
happen. Instead, Assistant Chief Constable Ruaraidh Nicolson will give evidence next week.
Last night, the committee said it would investigate compelling the officers to appear – an unprecedented move.
New Chief Constable Phil Gormley said this week he would consider whether to let the officers appear. The decision to refuse paves the way for a potentially damaging clash with MSPs in the early days of his reign.
The force broke rules to use its spying powers to establish who had helped journalists expose the flaws in the police investigation into the murder of prostitute Emma Caldwell, by failing to get a judge’s permission.
The justice committee called Mr Richardson to give evidence last month. Afterwards, MSPs decided they wanted to hear from four other officers at a hearing on Tuesday: Detective Super- intendent David Donaldson; Detective Inspector Joanne Grant; Detective Superintendent Brenda Smith and Chief Superintendent Clark Cuzen.
Mr Richardson told the committee Mr Donaldson had been tasked with the spying mission after information was leaked.
He said: ‘This is an extremely experienced officer who tried his level best to apply the regulations, and in so doing misinterpreted the requirements and allowed the authorisations to go ahead, which then subsequently was identified as being wrong.’
In a letter to justice committee convener Christine Grahame published yesterday, Mr Richardson said: ‘ There clearly remain some critical legal issues, particularly those touching on matters of competence, which are not yet fully resolved.
‘There is also the issue of risk to the four named officers and that, too, remains outstanding.
‘While such matters remain unresolved and outstanding I do not see that I am in a position, properly, to forward the invitation to attend the committee on January 12 to them.’
Committee deputy chairman and Labour MSP Elaine Murray, said: ‘Although we have agreed to accept Mr Nicolson as a substitute for the four officers on Tuesday, we reserve the right to invite them at a future date.
‘We will be discussing whether we could use our powers to compel witnesses to attend. These powers have not previously been used by a committee and we would have to assess whether we have the competence to do so.’
Scottish Labour justice spokesman Graeme Pearson said: ‘These officers should not have been named. They should answer to their superiors or, if there is evidence of potential criminality, to a court. It is not the job of the committee.’
A Police Scotland spokesman said: ‘The Chief Constable has been briefed by DCC Richardson and welcomes the agreement of the committee to take evidence from ACC Nicolson.’