New top judge 'must not stand in way' of justice for Emma Caldwell

Key Points

Family of Emma Caldwell express concern over who will lead a public inquiry into her murder
Emma was 27 years old when she was murdered in 2005 by serial rapist Iain Packer
Packer was sentenced to life with a minimum term of 36 years in February 2024, almost two decades later.
Emma’s family met First Minister John Swinney and justice secretary Angela Constance at Bute House on Tuesday.
They reiterated calls for a judge from outside Scotland to chair the inquiry.
Lord Pentland will next month become the new Lord President, Scotland’s most senior-ranking judge.

The mother of Emma Caldwell is urging Scotland’s new top judge “not to stand in the way” of justice in an inquiry on the police investigation into her murder.

Emma was 27-years-old when she was killed in 2005 by serial rapist Iain Packer.

He was sentenced to life with a minimum term of 36 years in February 2024, almost two decades later, for murdering Emma and multiple rapes and assaults on other women.

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Promises were made in the Scottish Parliament that an independent inquiry would look into why Packer was able to evade justice for so long.

But Emma’s family are concerned about who will lead the inquiry. They want a judge who has not served the Crown Office and Procurator Fiscal Service in Scotland – arguing someone based in another part of the UK should take the reins.

Last March, the Scottish Government announced a public inquiry into the police handling of the murder investigation and said that consideration would be given to the inquiry being led by a judge from outside Scotland.

However, Emma’s mother, Margaret Caldwell, her family, and their lawyer, Aamer Anwar, have since expressed concern that “no progress” has been made on the appointment of a non-Scottish judge.

They raised those concerns in a meeting with First Minister John Swinney and justice secretary Angela Constance at Bute House on Tuesday.

Lord Pentland will become the new Lord President, Scotland’s most senior-ranking judge, next month.

Speaking after the meeting, Mrs Caldwell said the Lord President-elect must not impede on their wishes for the inquiry.

She said: “I pray today to Lord Pentland not to stand in the way of an independent judge for an inquiry going forward – a judge not from Scotland, from outwith Scotland.

“Let’s move forward, let’s get on with it. I’m tired. I’m tired of waiting.

“It’s been 10 months – nearly a year – and we just feel that’s as long as we can wait.”

She added: “I don’t care how long the struggle goes on. I’ve struggled this long, and as long as I’ve got, I’ll struggle.”

Anwar added: “This inquiry needs a fresh pair of eyes and a fresh pair of hands to properly look at it.”

The lawyer said police officers silenced and persecuted fellow officers who knew the truth about Packer, and said a number of documents that could have been important in the murder investigation may have been lost or destroyed.

He said: “It is horrifically cynical that the files in this highly sensitive case have potentially been destroyed and the case was ordered closed.

“Whilst they continued to lie to Margaret, and her family, and her husband, William, who died in 2011, this briefing caused serious concerns at the possibility of corruption and deliberate attempts to pervert the course of justice by those within Police Scotland, Strathcyde Police, as well as the COPFS.”

Emma’s body was found in Limefield Woods, near Roberton, South Lanarkshire, on May 8, 2005, more than a month after she went missing in Glasgow.

Police interviewed Packer that June but he was not convicted until almost two decades later.

Police Scotland have since apologised to Emma’s family and his other victims for how the original inquiry was handled, saying they were “let down”.

Swinney expressed his condolences to the family, stating it is “vital” the family have full confidence in whoever leads the inquiry.

He said: “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.

“We appreciated their time and views, which allows us to move forward with the work to be done ahead of establishing the inquiry. It is vital that the chair has the confidence of the family and we will continue to engage with them on this.

“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.”

A Police Scotland spokesperson said: “We have been clear that we will fully support any further police investigation into the murder of Emma Caldwell and also the work of the Crown Office and Procurator Fiscal Service to identify an external force to carry out this significant piece of work.”