Public inquiry to be held into Emma Caldwell murder investigation
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Preparations will start immediately for an independent public inquiry into the police investigation of Emma Caldwell’s murder almost two decades ago, Scotland’s Justice Secretary has vowed.
Angela Constance made the commitment as she confirmed a statutory inquiry will take place – with consideration being given to whether a judge from outside of Scotland should be appointed to take the work forward.
Miss Caldwell’s mother Margaret looked on from the public gallery at Holyrood as the Justice Secretary made the announcement – which came after the pair met, alongside First Minister Humza Yousaf, earlier this week.
It has been almost 20 years since her 27-year-old daughter was murdered by serial rapist Iain Packer in 2005 – but while he was interviewed by police the month after her body was found in May that year, it was only last week he was convicted.
Police Scotland has already apologised to the family of Miss Caldwell and his other victims, saying they were “let down”.
Ms Constance said: “Nineteen years have elapsed between Emma’s murder and a conviction and there can be no doubt of the serious failings that brought a grieving family to have to fight for their right, for Emma’s right, to justice.”
In an emotional statement, the Justice Secretary paid tribute to Miss Caldwell’s family, including her father William who died in 2011, telling them: “For you Margaret, for William, and for women and girls across this country, but most of all for Emma, I am pleased to tell Parliament today that there will be a public inquiry.”
Ms Constance said Mrs Caldwell had told her how her daughter and Packer’s other victims “deserve nothing less than a robust, independent public inquiry and a judge who will act without fear or favour”.
Mrs Caldwell told the minister: “There are those who say that such inquiries take too long.
“My family have struggled for 19 years to get justice and we will wait however long it takes to see the truth, and will accept nothing less.”
Ms Constance stressed the public inquiry is a “very significant undertaking” which will “take time to set up, to hear evidence, and to reach its findings”.
Consideration is being given to whether the judge leading it should be from outside Scotland – although Ms Constance did not rule out having a member of the Scottish judiciary as chair.
The inquiry comes after Packer, 51, was sentenced to life with a minimum term of 36 years at the High Court in Glasgow last week after being found guilty of murdering the 27-year-old in 2005, as well as 11 rapes and 21 other charges, including sexual assaults, against other women.
As he plans to appeal both his convictions and sentence, Ms Constance stressed there were “restrictions” on what she could say about the case.
But she stressed: “Given the gravity of this case, the length of time it took for justice to be served, the horrific extent of the sexual violence suffered by the victims and survivors, and the suffering endured by their families, the case for holding a public inquiry is clear and compelling.
“It is time to apply fresh scrutiny to this case, to understand what went wrong, to ensure that lessons are learned for the future and to provide answers to all victims and survivors in this case.”
Scottish Conservative justice spokesman Russell Findlay praised the Caldwell family and Mrs Caldwell in particular, saying their “strength and their dignity are truly humbling”.
He told MSPs: “Their campaign for Emma has been backed by good police officers, lawyers and journalists.
“But let me be clear, the only reason that her daughter’s killer is now behind bars is because of her love and her strength.
“Left to Police Scotland and the Crown Office, I believe that Iain Packer would certainly still be out there – raping women with impunity.”
Scottish Labour justice spokeswoman Pauline McNeill said: “It is the job of this Parliament to ensure no family should ever have to wait two decades for justice.
“Scottish Labour stands full square behind the Government and Angela Constance today in her decision to hold a public inquiry to establish why, among other things, there was no prosecution in 2008 when it appeared the police and the Crown had enough evidence to do so.
“A public inquiry must get to the truth of this – and that includes questioning all of the criminal justice agencies who have questions to answer.”
Ms McNeill went on to back a judge from outside of Scotland being appointed to head the inquiry, and urged Ms Constance to ensure the probe begins “in a timely manner”.
