How police ‘stopped full inquiry’ into spy scandal
‘Dysfunctional culture exposed’
I wanted to carry out a full investigation – and I was prevented from doing so Durham Constabulary Chief Constable Mike Barton ‘Damning evidence’
POLICE Scotland ‘prevented’ a proper investigation of an illegal spying scandal, a senior officer told MSPs yesterday.
Mike Barton, Chief Constable of Durham Constabulary, launched an extraordinary attack on the single force as he was questioned at a Holyrood subcommittee.
He carried out an independent probe of the fallout from the spying controversy, linked to an inquiry into the murder of prostitute Emma Caldwell. His report, published in December, contained damning criticisms and demanded a public apology from Police Scotland.
Yesterday, Mr Barton told Holyrood’s justice subcommittee on policing the terms of reference for his inquiry left him ‘a little bit confused and a little bit con- cerned’. His force was asked by Police Scotland to investigate its Counter Corruption Unit (CCU) after guidelines on accessing data were breached by officers attempting to uncover journalists’ sources in relation to Miss Caldwell’s murder in 2005.
Mr Barton was originally asked to carry out a full-scale investigation, with access to all documents and the ability to interview people under caution.
But he told the committee: ‘Subsequent to that, the professional standards department in Police Scotland decided we should conduct an inquiry with fewer powers. I was never allowed to do an investigation.
‘We were not allowed the investigation status which allows us to speak to officers who may or may not have been guilty of misconduct but who it was pivotal for us to speak to under caution.
‘That’s what I wanted to do and I was prevented from doing so. The lawyers in Police Scotland are not transparent, they are overly defensive and they are risk-adverse – and it got in my way.’
But he said he thought the issues were more a matter of ‘ineptitude’ than conspiracy.
The CCU was trying to identify journalists it believed had spoken to officers involved in the inquiry into the murder of Miss Caldwell.
Mr Barton upheld or partially upheld a series of complaints, including claims officers failed correctly to obtain, record and store intelligence. His report found ‘there was no case for the intrusion undertaken’.
Last month, an investigation into allegations of misconduct against CCU officers carried out by the Police Service of Northern Ireland (PSNI) found there were none.
Subcommittee convener John Finnie, a Green MSP, said Mr Barin ton’s evidence was ‘damning’ and Police Scotland would be asked to respond.
Subcommittee member and Tory MSP Margaret Mitchell said: ‘Amidst this chaos, the general public can have little confidence Secretary for Justice Michael Matheson.’
Scottish Labour justice spokesman Daniel Johnson said: ‘The dysfunctional culture at the top of Police Scotland has been utterly exposed today.’
Deputy Chief Constable Rose Fitzpatrick said: ‘A full misconduct investigation was carried out by PSNI, which is the element of the process Chief Constable Barton says he was prevented from undertaking. The PSNI investigation found no misconduct.
‘Our regulations would not have permitted Chief Constable Barton from carrying out both the complaint inquiry and the misconduct investigation.’