Key Points
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Emma Caldwell’s family welcome appointment of inquiry chair - 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.
- Justice secretary provided update to Scottish Parliament on Thursday
- Angela Constance confirmed the appointment of judge from outside UK
The family of Emma Caldwell has said an independent inquiry into the handling of her murder provides “the chance of a legacy and hope for victims of sexual violence”.
They spoke out after justice secretary Angela Constance confirmed that Lord Scott KC, a senator of the College of Justice, will head the inquiry.
The appointment comes over a year after the Scottish Government agreed to the independent, judge-led, statutory public inquiry.
In a statement to the Scottish Parliament, the justice secretary said the investigation would “provide answers to the victims and survivors involved and ensure that lessons are learned for the future”.
“The other victims, as well as Emma’s mother Margaret and the rest of the family, deserve nothing less after the unbearable loss, pain and grief they have suffered,” Constance said on Thursday.
“Lord Scott has a strong track record on human rights and I am pleased that someone of his experience, expertise and legal standing will lead this inquiry. Importantly, Emma’s family support his appointment.”
Emma’s family had called for a judge from outside Scotland who had not served the Crown Office and Procurator Fiscal Service for full impartiality.
‘Pragmatic solution’
Speaking after the news was shared in the Scottish Parliament, solicitor Aamer Anwar said the family are “grateful to Scottish Government and especially the new Lord President, Lord Pentland in reaching a pragmatic solution”.
He added: “The major concern of the Caldwell family was that the Police and the Crown Office cannot be trusted to investigate themselves or their former superiors.
STV News“The family believed the scale of the crimes, the allegations of corruption or misconduct levelled at senior police officers and crown lawyers are so catastrophic that only an independent judge outside of the Scottish justice system would suffice.
“However, an agreement has been reached today with the appointment of Lord John Scott.
“Lord Scott is respected for his formidable reputation in fighting for human rights prior to being appointed a Scottish judge.
“The family wanted a judge who could be trusted to act without fear or favour and shine a glaring spotlight into the heart of policing and the crown office in Scotland.
“Margaret Caldwell hopes that Lord Scott will be that judge.
“However, in our meeting with the First Minister on behalf of the family, I warned that no law officer in Crown Office or senior police officers can be allowed to dictate the terms of reference or attempt evade accountability.”
‘Hope for all the victims of sexual violence and misogyny’
Anwar paid tribute to Margaret, who told reporters that she was still to receive closure over the daughter’s death, for “refusing to be silenced”.
“No woman, no matter her job, status, vulnerabilities, or addictions should have to accept sexual violence and be denied justice”, he added.
“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.”
Following the announcement, Lord Scott said: “I am aware of the significant public interest in this inquiry and the importance it holds for Emma Caldwell’s family. I will discharge my duties as chair independently, thoroughly and to the best of my ability.
“I come to this role with three years of experience as a judge of the Court of Session and High Court of Justiciary.
“This followed over 20 years in the voluntary sector, primarily in the area of human rights, as well as over 30 years in private practice as a criminal defence lawyer and work in several reviews which scrutinised the use of various powers by the Police Service of Scotland.
“I look forward to discussing the terms of reference with the cabinet secretary and to establishing and working with an inquiry team to start our work as soon as possible.”
Fight for justice
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.
Police Scotland apologised to the family and Packer’s other victims, saying they were “let down” by policing in 2005. Chief constable Jo Farrell said she backed calls for a public inquiry into the force’s failings during the case.
Aamer Anwar previously said that the inquiry needed “a fresh pair of eyes and a fresh pair of hands to properly look at it”.
The lawyer, representing the family, 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, Strathclyde 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 ScotlandPolice Scotland have since apologised to Emma’s family and his other victims for how the original inquiry was handled, saying they were “let down”.
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