External Police Investigation Abandoned
Prosecutors have decided not to proceed with involving police forces from outside Scotland to investigate the original inquiry into the murder of Emma Caldwell.
The Lord Advocate of Scotland, Dorothy Bain, had announced two years ago her intention to initiate an independent inquiry into possible criminal conduct by officers involved in the case.
However, the Crown Office has informed the BBC that it has been unable to secure a non-Scottish police force to undertake the investigation, and alternative options are currently being considered.
Background on the Case and Conviction
Iain Packer was convicted in 2024 for the murder of Emma Caldwell, nearly 19 years after he was initially identified as a suspect. Police Scotland has previously issued an apology regarding the handling of the original investigation, which was conducted by what was then Strathclyde Police.
A BBC Scotland investigation contributed to Packer's arrest, while former detectives involved in the inquiry revealed that senior officers had instructed them not to pursue Packer as a suspect.
Family Meeting and Inquiry Update
The announcement from the Crown Office coincided with a meeting in Glasgow between Emma Caldwell's mother, Margaret, other family members, and Lord Scott, who is chairing a public inquiry into the case.
Emma Caldwell, a 27-year-old sex worker, was found murdered in South Lanarkshire in 2005. It took 19 years for Packer to be convicted, during which time he sexually assaulted multiple other women.
Challenges in Securing External Police Resources
A spokesperson for the Crown Office and Procurator Fiscal Service cited pressure on UK-wide policing resources as the reason the external investigation could not proceed.
Family's Response and Legal Representation
Aamer Anwar, representing Margaret Caldwell, described the attempt to pursue an external police investigation as
"absolutely farcical"
He further stated:
"The family has repeatedly stated to the solicitor general that she is not going to be successful in getting an outside police force from England and Wales to carry out an investigation into Strathclyde Police or others.
It's two years now and still no word of it. We know from private discussions with Police Scotland that this is not viable."
Anwar suggested that the police investigation should be paused until the public inquiry concludes and determines whether criminality occurred.
Family Meeting Details
Margaret Caldwell was accompanied by her grandson Stewart McGrory and her brother Jim Coyle during the meeting.
Anwar noted that the family was treated with warmth and compassion by the judge, who assured them that
"Emma's family will be key participants in the inquiry".
However, the exact implications of being a key participant in the inquiry remain unclear.
Anwar added:
"Many powerful men have made promises to Margaret that have repeatedly been betrayed - the test of this inquiry will be whether it follows the evidence."
Public Inquiry Ordered
In March 2024, the Scottish government mandated a judge-led public inquiry into the original police investigation. This inquiry will examine failures in the investigation, including directives from the Crown Office and Procurator Fiscal Service.
The Caldwell family has expressed concerns that the inquiry's terms of reference, which cover Strathclyde Police, might allow Police Scotland to avoid accountability for any shortcomings after its formation in 2013.
Anwar emphasized that excluding Police Scotland would be
"a travesty of justice" and a betrayal of Emma Caldwell.
He stated:
"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.
Many women suffered unimaginable pain and fear at the hands of Iain Packer. Had the police and Crown done their job properly, he would have been arrested in 2008 and not left free to rape and terrorise until his arrest in February 2022."
Details of Packer's Crimes and Investigation History
In February 2024, Packer was convicted of offences against 22 women, including 11 rapes.
He was first interviewed by detectives one month after Emma Caldwell's body was discovered, despite several women having previously reported concerns about Packer, who was known for paying sex workers and having an aggressive reputation.
Initially, police focused on four Turkish men, who were c...
