The Scotsman

Police officer ‘cleaning out locker’ finds lost CCTV disc

● Footage was part of probe into leaks ● Images had been seized

- By CHRIS MARSHALL Home Affairs Correspond­ent

A “lost” piece of CCTV evidence which formed part of an internal police investigat­ion into leaks from a murder case has been found – in an officer’s locker.

Police Scotland said the lost disc was found by an officer working within the force’s Counter Corruption Unit while “clearing their personal locker”.

The images had been seized to establish links between a serving officer and retired policemen as part of a probe into leaks coming from the investigat­ionintothe­unsolved murder of sex worker Emma Caldwell.

The CCU began an internal investigat­ion after stories appeared in the press about the investigat­ion.

Last year the Intercepti­on of Communicat­ions Commission­er’s Office (IOCCO) said Police Scotland had been “reckless” in failing to obtain judicial approval when attempting to access communicat­ions data relating to the case.

Sir Stanley Burnton, the Intercepti­on of Communicat­ions Commission­er, said the force had sought communicat­ions data to determine a journalist’s source or the “communicat­ions of those suspected to have been acting as intermedi-

0 Police were probing leaks from the Emma Caldwell murder inquiry aries between a journalist and a suspected source”.

A subsequent report by Her Majesty’s Inspectora­te of Constabula­ry in Scotland (HMICS) found CCTV footage which formed part of the investigat­ion connecting serving and retired officers had been lost.

But in a letter to the Scottish Parliament’s justice committee, Deputy Chief Constable Iain Livingston­e said the missing disc had been recovered.

He said: “On 25 August 2016, an officer working within the CCU intelligen­ce section was clearing their personal locker when they discovered the missing CCTV disc amongst the items within. The officer immediatel­y informed their supervisor­s of the find.

“The content has been viewed by senior managers from the CCU who confirm it is the missing disc, which has now been formally lodged as a production in line with rel- evant Police Scotland procedures.”

Last month Police Scotland was ordered by the Investigat­ory Powers Tribunal to pay £10,000 in damages to one of its former officers in relation to the case. The tribunal ruled the force had acted unlawfully when it obtained communicat­ions data.

Police Scotland has asked Durham Constabula­ry to carry out an independen­t inquiry into “matters arising from a breach of communicat­ions data protocols”.

Yesterday, the force said the circumstan­ces surroundin­g the misplaced disc would form part of that inquiry.

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