Family of Emma Caldwell ‘betrayed’ over inquiry document, lawyer says

The family of Emma Caldwell have said they feel “betrayed” by the Scottish Government after the terms of reference (ToR) for the inquiry into her death were drafted without their input.

Speaking following a meeting with Solicitor General Ruth Charteris KC in Glasgow on Wednesday, the family said the Justice Secretary had previously “invited” them to give input for the document, which sets out the areas the inquiry will cover.

During the meeting, the family said they learned a draft ToR had been drawn up and circulated with a number of parties to the inquiry without their knowledge.

Ms Caldwell was murdered in 2005 but it was not until last year that Iain Packer was convicted of her killing along with a number of sexual offences against other women.

The initial police investigation has drawn criticism for failing to catch Packer, who was jailed for life with a minimum term of 36 years two decades after the murder of the 27-year-old.

Ms Caldwell’s mother Margaret Caldwell described the effect the wait for the inquiry was having on her.

“It’s just sheer disappointment and fatigue at waiting so long. I’m fatigued standing here now,” she said.

“I just want it to go ahead. I want what I’ve always wanted – justice for Emma. It’s all I’ve ever asked for from day one.”

The family’s lawyer Aamer Anwar read a statement following the meeting with Ms Charteris in which he said the family should be treated as “core participants” in the inquiry.

“The family put their trust in the Scottish Government and today, sadly, they feel betrayed yet again,” he said.

“When we met with the justice minister, she invited the family to input into the ToR.

“Today, we were told by the Solicitor General that she had been provided with a suggested potential draft ToR. None of those have been provided to the family.

“When we asked the Solicitor General and those in Crown Office to provide those to us, we were told those are the property of Crown Office and that they cannot be provided to us.

“The family feel sadly patronised by those within the justice department and treated like a box-ticking exercise.

“The Solicitor General said today, quite rightly, that the most important person in this inquiry is Emma’s mother, Margaret Caldwell.”

He called for the inquiry to begin as soon as possible, saying it is the “only vehicle for the truth” about the way Ms Caldwell’s death was investigated.

Mr Anwar also called for the inquiry to look at the Crown Office, which he said was “at the heart” of the alleged “misconduct” that will be examined by the inquiry.

“They sabotaged the case against Iain Packer whilst honest police officers who said that Iain Packer was the killer had their lives destroyed,” he said.

“This inquiry will require to look at the conduct of some of those officers and lawyers who reach the highest levels of policing in our justice system.”

Speaking after the meeting, Ms Charteris said she had sought the meeting with Ms Caldwell’s mother as she recognised “how profoundly important this is for her”.

“I am grateful that I have had the opportunity to meet directly to listen to her concerns,” she said.

She went on: “During our meeting I shared my commitment to supporting the public inquiry into Emma’s death which is to proceed under the direction of Scottish ministers.

“I sincerely hope that Margaret found this useful and I have offered to maintain contact with her through her solicitor.”

A spokesperson for the Crown Office said: “We have a duty to act on the Lord Advocate’s instruction of an independent investigations into potential criminality by police officers in this case and we also support the public inquiry established by Scottish ministers.

“These processes are separate and they can proceed in parallel. The Crown Office and Procurator Fiscal Service is clear that both should happen as quickly as possible.”

Justice Secretary Angela Constance said: “My thoughts remain with Margaret Caldwell and Emma’s family.

“I was grateful to them for meeting me last month and to be able to update them that as well as the chair being in position, the terms of reference for the public inquiry are being finalised.”