The family of Emma Caldwell have urged Scotland’s new top judge “not to stand in the way” of justice in an inquiry on the police investigation into her death.
Miss Caldwell 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.
The family of Emma Caldwell has expressed concern over who will lead the inquiry – stating it should be 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.
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 the inquiry being led by a judge from outside Scotland.
However, Ms Caldwell’s mother, Margaret Caldwell, her family, and their lawyer, Aamer Anwar, have since expressed concern “no progress” has been made on the appointment of a non-Scottish judge.
Mr Anwar said the “vast majority” of High Court judges in Scotland have “in some significant way acted for the Crown Office”, and maintained that while this does not mean they are incapable of impartiality, outside counsel would be preferrable.
They raised these concerns in a meeting with First Minister John Swinney and Justice Secretary Angela Constance at Bute House on Tuesday.
I appeal directly today to Lord Pentland not to stand in the way of my family receiving the justice we deserve, and we wish that he will appoint a judge outwith Scotland to begin the inquiry
Lord Pentland will next month become the new Lord President, Scotland’s most senior-ranking judge.
Speaking after the meeting, Mrs Caldwell said the Lord President-elect must not impede on their wishes for the inquiry.
She said: “I appeal directly today to Lord Pentland not to stand in the way of my family receiving the justice we deserve, and we wish that he will appoint a judge outwith Scotland to begin the inquiry.”
Mrs Caldwell said she took some assurance following the meeting with the the Mr Swinney and Ms Constance, and while she does not want the process to “drag on” over several years, she will “struggle” on for as long as is necessary.
She said: “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.”
Mr 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 Mr Packer, and said a number of documents that could have been important in the murder investigation may have been lost or destroyed.
This brings us to why, today, once again, the family demanded that a judge that is not Scottish but from another jurisdiction, whether it be Northern Ireland, Wales, Or England, is appointed
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.”
He added: “This brings us to why, today, once again, the family demanded that a judge that is not Scottish but from another jurisdiction, whether it be Northern Ireland, Wales, Or England, is appointed.”
Packer was found guilty of 33 separate charges, including Miss Caldwell’s murder, 11 rapes and 21 charges, including sexual assaults against other women.
Miss Caldwell’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 the family of Miss Caldwell and his other victims for how the original inquiry was handled, saying they were “let down”.
Mr 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.
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
“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.”
