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Senior ministers defend McKie case decisions

23 Feb 06

Public inquiry resisted as clamour grows

Justice Minister Cathy Jamieson and Lord Advocate Colin Boyd joined forces yesterday to defend the handling of the Shirley McKie case.

The senior ministers were speaking in parliament about the ongoing controversy surrounding the case, which saw the former police detective awarded £750,000 in an out-of-court settlement of her claim against the Scottish Criminal Records Office (SCRO). The case has raised doubts over the professional competency of the Scottish fingerprint service.

Insisting that decisions taken had been correct at the time, the Lord Advocate said that a judicial inquiry into the events surrounding the case would challenge the independence of his office. He pointed out that it did not follow that because Ms McKie was acquitted, those who gave evidence against her were guilty of perjury.

Ms Jamieson said she had ordered deputy chief constable David Mulhern, the interim chief executive of the new Scottish Police Services Authority, to ensure the fingerprint service was quickly brought into the proposed new Scottish Forensic Science Service from April next year. Mr Mulhern is to produce an action plan by the end of next month.

The Justice Minister said that a statutory inquiry would not be able to rule on anyone's civil or criminal liability and it was her job as a minister to learn lessons from the past while looking to the future. She questioned whether anything of value would be achieved by an inquiry.

Both the SNP and Conservative parties have called for a judicial inquiry. Leading legal figures, both solicitors and advocates, have also claimed that an inquiry is necessary to restore public confidence in the justice system.

The SNP's Alex Neil accused the Lord Advocate of making decisions that were right for the Executive, rather than right for justice, while Shirely McKie's father Ian, also a former police officer, said he would be consulting a QC on the possibility of a private prosecution.

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