Police ScotlandThere is no UK police force outside of Scotland to take on the inquiry into the botched Emma Caldwell murder investigation, the Crown Office has said.
Emma Caldwell’s body was found in Limefield Woods, near Roberton, South Lanarkshire, on May 8 2005, more than a month after the 27-year-old went missing in Glasgow.
Police interviewed Iain Packer that June, but he was not convicted of her murder, along with a series of rapes and other offences, until almost two decades later.
In March last year, the Scottish Government announced a public inquiry into the police handling of the murder investigation, and said that consideration would be given to it being led by a judge from outside Scotland.
STV NewsEmma’s mother Margaret, uncle Jim Coyle and Margaret’s grandson Stewart McGrory, along with family lawyer Aamer Anwar, met with First Minister John Swinney and the cabinet secretary for justice Angela Constance at Bute House on Tuesday to discuss any progress made on the case.
Following the meeting, solicitor Aamer Anwar said the family believes Iain Packer evaded justice for nearly 19 years because he was given the “green light to do so by police officers and Crown Office lawyers”.
Mr Anwar said that during the meeting, Swinney highlighted the problems and urged them to allow more time for their calls for a non-Scottish judge.
“He said no definitive decision has been made, but the new Lord President, Lord Pentland, takes post in February and will require to be spoken to,” Mr Anwar said.
In a press conference following the meeting, Margaret said she appealed directly to Lord Pentland, urging him not to “stand in the way of my family receiving the justice we deserve”.
Mr Anwar said that Swinney acknowledged delays in appointing an English police force to investigate the potential criminality of Scottish officers.
He added that the Caldwell family is now considering whether officers with no legacy issues or connections to Strathclyde Police can be appointed by Police Scotland to investigate the case.
Mr Anwar said it would be difficult to find judges who haven’t spent some time either at the Crown Office or the defence bar during the relevant period.
“Margaret told the First Minister today it cannot be for the Scottish Justice to mark its own homework,” he added.
When asked whether she felt reassured following the meeting with Swinney, Margaret said she felt assured but did not want the issue to drag on for years.
She added that the family feels they have waited “as long as we can now” to appoint a non-Scottish judge.
A spokesperson for the Crown Office and Procurator Fiscal Service said the Crown Office has been informed that capacity issues have meant no UK police force outside Scotland can take the case on.
“The Lord Advocate has asked for an independent investigation into allegations of potential criminality by police officers,” they said.
“We appreciate the importance of this investigation and are working with justice partners to identify how it can be taken forward.”
Following the meeting, Swinney said the meeting allowed the Government to move forward with the work needed to establish the inquiry.
“I am very grateful to Mrs Caldwell for meeting with us today. It was my first opportunity as First Minister to express my deepest condolences to her on the death of Emma, and the trauma she and her family have experienced, ” he said.
“The family have endured heartbreaking loss, pain and grief for many years and they have shown immense courage in their determination to get justice for Emma.”
He continued: “As announced in March, an independent, judge-led, statutory Public Inquiry will take place into the investigation of Emma’s murder in 2005.
“The justice secretary and I had the opportunity to listen to the family’s views on next steps, including the appointment of a chair and ways to progress the investigation of the initial police inquiry.”
He added: “Once a chair has been appointed, we will work alongside that chair and Emma’s family in setting and agreeing the terms of reference for the Inquiry.”
Packer, 51, was sentenced to life with a minimum term of 36 years in February 2024 following a trial at the High Court in Glasgow.
Police ScotlandHe was also convicted of 11 charges of rape against nine women and 21 other offences over a period of 26 years following a six-week trial.
Packer was refused attempts to reduce his 36-year sentence at a hearing in September.
Police Scotland apologised to the family and his other victims, saying they were “let down” by policing in 2005.
Emma’s family said Police Scotland failed their daughter and Packer’s rape victims due to a “toxic culture of misogyny and corruption”.
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