Commissioner orders release of witness statements
1 Oct 07
Balance of public interest shifts over unsolved 1912 murder, says Dunion
Scottish Information Commissioner Kevin Dunion has ordered Tayside Police to release information it holds about an unsolved murder case dating back to the early 20th century.
The papers relate to the unsolved murder of Jean Milne of Broughty Ferry in 1912 and were requested by Mr Raphael-Beldowski, the grandson of one of Miss Milne’s neighbours.
The request is the first time the Commissioner has ordered the release of witness statements in a criminal investigation. It marks Mr Dunion’s 500th freedom of information decision, coincidentally as he reaches the 1,000 day mark since his powers came into force.
In reaching his decision in Mr Raphael-Beldowski’s appeal, the Commissioner found that, while the reasons cited by Tayside Police to justify non-disclosure (that the information related to proceedings arising out of a criminal investigation) do not fall away over time, the balance of the public interest can and will shift.
In this case, no living person can stand trial for the murder and few, if any, witnesses to the crime will still be living. Tayside Police indicated that it is highly unlikely that the case will be reopened and the Commissioner was not persuaded by arguments that disclosure might impede future investigations. He therefore found that it was in the public interest for the information to be released.
As he issued his milestone decision, Mr Dunion said: “If the public do not get what they want they are not slow in appealing to me, as in this case where I have ordered the release of witness statements in a criminal investigation for the first time.”
Scots are also making strong use of their freedom of information legislation. On a pro rata basis, applications to the Scottish Information Commissioner in 2006 were double the UK rate, and the Scottish Commissioner has issued seven times as many decisions per head of population as his UK counterpart, since the Act came into force.