PRESS STATEMENT – 7TH MARCH 2024 – BY AAMER ANWAR – SOLICITOR ON BEHALF OF MARGARET CALDWELL FOLLOWING ANNOUNCEMENT OF PUBLIC INQUIRY
Today is an important moment for women in Scotland. The Caldwell family are grateful to the First Minister and Justice Secretary for listening to them and ordering a statutory public inquiry. They are grateful to all political parties for their support and unit. The family expect and hope that a Judge from outside Scotland will be appointed, who acts without fear or favour.
As for Strathclyde Police and Police Scotland, officers within those organisations have brought shame on their uniform, they betrayed their duty to protect life; They stand accused of sabotaging the case against Iain Packer. Those officers have blood on their hands and must now face justice.
It is important to state that the family met with the lord Advocate Dorothy Bain KC and her prosecution team this morning. The family paid tribute to the Lord Advocate and her prosecution team, who have been unwavering in their commitment to justice, without her leadership, the work of Crown Office and the present police murder team, justice would have been buried forever.
Today, we were told, the true facts are that criminality has never been fully investigated by Police Scotland. The Lord Advocate confirmed that in the coming days an external police force with no connections to key officers in this case will be instructed after dialogue with Police Scotland.
The Lord Advocate confirmed that Emma Caldwell case was referred to her in 2008 for prosecution of the 4 Turkish men by the then Principal Home Advocate Depute Brian McConnachie.
Crown Counsel Dorothy Bain after further investigation decided that there was no case against the Turkish men, she took the view there was insufficient evidence and went to a Law Officer, then Solicitor General Lord Mulholland to justify her decision.
The name Iain Packer appeared in 2008 as unused material in police papers. The Lord Advocate confirmed that had the Solicitor General and her instruction been followed through by Strathclyde Police, on the available evidence in 2008 the Lord Advocate and her team believe there was a sufficiency for prosecuting Iain Packer for murder. The Lord Advocate apologised today and said Crown Office should have done more and failed to do after 2008.
The Lord Advocate confirmed that there was sufficient evidence to prosecute Iain Packer in 2008, but the police appeared more interested in perpetuating a lie than ensuring a dangerous killer and serial rapist was put behind bars.
The Lord Advocate told the Caldwell family that multiple women came forward, who would have added to the evidence of rapes and attacks. The Lord Advocate was in no doubt that on the basis of evidence available in 2008, had the Police listened to Crown Office, Packer may well have been serving a life sentence.
Dorothy Bain in 2008 asked the police to reinvestigate the case and that instruction was approved by Lord Mulholland, then Solicitor General, that instruction was passed onto Strathclyde Police- and that new police officers should be brought in to investigate case and that officers should be referred to professional standards,
The Lord Advocate says it is impossible to work out what happened after that instruction was given. We know the answer is nothing happened and the police cover up continued. The case was marked as ‘protected and closed’ by the police in 2009. We now know the Cold Case Unit at Strathclyde police did not refer Emma’s case in 2012 onwards.
Let me be clear, there has never been a proper robust and independent investigation of whether Strathclyde police sabotaged the evidence against Iain Packer. The Lord Advocate confirmed that an independent external police force will be instructed to investigate the actions of the police with due diligence to ensure no connections to officers, one of whom is the deputy commissioner of the Metropolitan Police.
Lord Advocate confirmed today that the allegations I have made on behalf the family, that there was a deliberate sabotage of the case against Packer and attempts to pervert the course of justice will now be robustly investigated.
Emma and the many women whose names are not known were part of our families and communities. They were important to their loved ones and friends, and they should have been important to the police, but instead were betrayed.
Toxic culture of misogyny and police corruption freed a killer to rape and rape again ; so when the Chief Constable offered an apology to the Caldwell family yesterday, on the basis of what we now know it is no longer accepted. If there is no time limit on justice then any officer retired or not who sabotaged the case must face justice.
I want to pay tribute to Margaret Caldwell, who as a grieving mother refused to be silenced, had it not been for her perseverance and tenacity the case of Emma would have been buried forever. Today is an opportunity for real change. No woman, no matter her job, status, vulnerabilities or addictions should have to accept sexual violence and be denied justice.
Today for a mother, the ‘Emma Caldwell Public Inquiry’ is a chance of a legacy and of hope for all the victims of sexual violence and misogyny. Margaret hopes that her daughter Emma’s name will live on long after her killer’s name has turned to dust.