Emma Caldwell family voice fears as Police Scotland left out of inquiry’s remit

The family of Emma Caldwell has warned of “betrayal” and a “travesty of justice” after Police Scotland was left out of the inquiry’s remit.

The public inquiry into her murder officially began on Tuesday by publishing what it would investigate.

Ms Caldwell was murdered in 2005 but it was not until last year that Iain Packer was convicted of her killing along with a number of sexual offences against other women.

The initial police investigation has drawn criticism for failing to catch Packer, who was jailed for life with a minimum term of 36 years two decades after the murder of the 27-year-old.

Chair Lord Scott, a high court judge, will examine which steps could reasonably have been taken that could have resulted in Emma’s killer being apprehended and prosecuted at an earlier stage, “and any other factors relevant to the circumstances of the investigation and related prosecution”.

He will also examine whether “any failures in training, procedures, operating models or systems of working contributed to any failures by Strathclyde Police or Crown Office during the investigation”, the Government announced.

There was no reference to Strathclyde Police’s successor, Police Scotland, which was formed in 2013.

Recommendations will be made to ministers “as soon as reasonably practicable”.

Aamer Anwar, the family’s solicitor, said Margaret Caldwell, Emma’s mother, is “deeply concerned” the inquiry’s terms of reference may see police and the Crown “avoid accountability and the search for the truth”.

“As Margaret said, she did not spend 20 years fighting for the truth, to now see Police Scotland conveniently excluded from investigation by this inquiry.

“That would be a travesty of justice and a further betrayal of her Emma and the many women who suffered at the hands of that evil man, Packer,” he said in a statement.

Mr Aamer warned that referring only to Strathclyde Police may result in the inquiry failing to investigate Police Scotland.

He said: “If this inquiry is to pursue the truth, then it must look not only at Strathclyde Police but what happened when Police Scotland took over responsibility.

“Sir Stephen House was Chief Constable of Strathclyde Police from 2007, and then Chief Constable of Police Scotland when it was established in 2013.

“It is also the case that the senior detectives, responsible for wrongly arresting four Turkish men went on to senior positions at Police Scotland, under the leadership of Sir Stephen House who only resigned in November 2015 – it is inconceivable that the role of Police Scotland should not be looked at.”

The lawyer also raised concerns about the conduct of the Crown Office during the investigation into Packer and the investigation of the Turkish men, which he said “smacks of institutional racism”.

He accused Police Scotland of failing other victims of Packer.

He said that a “toxic culture of misogyny and corruption” meant the police “failed so many women and girls who came forward to speak up against Packer”.

Mr Anwar said: “We now know Packer carried out rapes, sexual offences and assaults many times after Emma’s murder in 2005.

“Margaret believes that officers sabotaged an investigation into Packer for a decade and have blood on their hands, for far too long they have remained in the shadows but must now answer for their betrayal.”

Despite this, Mr Anwar said Packer’s other victims were excluded from the inquiry’s terms of reference. He said those women should be “at the heart of the inquiry”.

Police Scotland and the Crown Office have been contacted for comment.

The Justice Secretary said that while the inquiry’s remit did not include all of the issues raised by Ms Caldwell’s family, it would remain “robust” and “well-focused”.

Angela Constance said: “My thoughts continue to be with Emma Caldwell’s mother Margaret and her family, who have suffered unimaginable heartbreak.

“The public inquiry will look at what went wrong in the investigation of Emma’s murder and I hope it will provide the answers that the family need and deserve.

“I consulted with the Chair, Lord Scott, on the terms of reference for the inquiry and also met the Caldwell family and other parties to discuss the inquiry’s remit.

“While these terms do not feature all of the issues raised with me during discussions, I am satisfied that they are both well focused and sufficiently flexible and broad enough to allow the chair to examine wider issues he may consider relevant to a robust, efficient and effective inquiry.”

Lord Scott said he was consulted on the terms of reference by ministers and is “satisfied that they will allow a thorough investigation of all the issues involved”.

He said: “The inquiry is independent of government, the institutions being investigated and any other organisation.

“My team and I will follow the evidence wherever it leads.

“I want to stress to you that I will discharge my duties as chair impartially and thoroughly.”

Lord Scott added that the inquiry would operate as transparently as possible, broadcasting hearings via YouTube, and that work was under way to finalise a hearing space.

He said: “I cannot say, at this stage, when hearings will be held. I can say, however, that my team and I are conscious of the length of time Emma’s family, witnesses and others have waited.

“We will work with determination and focus to ensure the inquiry is concluded as quickly and efficiently as possible.”