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Chamber and committees

The Murder of Emma Caldwell

  • Submitted by: Russell Findlay, West Scotland, Scottish Conservative and Unionist Party.
  • Date lodged: Thursday, 28 March 2024
  • Motion reference: S6M-12467
  • Current status: Achieved cross-party support

That the Parliament notes the conviction of Iain Packer for the murder of Emma Caldwell, aged 27, from Erskine, Renfrewshire, in 2005; further notes that Iain Packer was also found guilty by a jury at the High Court in Glasgow of 32 additional charges, including the rape and sexual assault of 21 other women; notes with concern that some of Iain Packer's victims have told the media that they were initially not believed; understands that these include Magdalene Robertson, who reported Iain Packer to police in 2006 for raping her; notes with concern that, in 2007, four other men were charged by the police with Emma Caldwell's murder, and were remanded in custody before the Crown Office decided in 2008 not to prosecute them; understands that at least one of these four men reportedly received financial compensation for false arrest; commends former police detective, Gerry Gallacher, who learned of concerns about the murder inquiry and, it understands, decided to undertake his own inquiries as a private citizen; understands that Iain Packer was first publicly identified as a "forgotten suspect" by the Sunday Mail newspaper in 2015; further understands that, in response to the Sunday Mail report, Police Scotland launched an investigation that sought to identify the source of the newspaper's information; notes reports that Police Scotland unlawfully obtained private communications data from Gerry Gallacher, his wife, Marjorie Gallacher, former police officers, David Moran and Steven Adams, and two other individuals; understands that, in 2016, the Investigatory Powers Tribunal (IPT) found that Police Scotland's unlawful actions were contrary to these individuals' rights under the European Convention on Human Rights (ECHR); further understands that, in 2022, the IPT found that Police Scotland had acted in a manner that was incompatible with the ECHR rights of the newspaper's then editor, Jim Wilson, with the judge, Lady Carmichael, stating that "There is a real risk that conduct of that sort will have a chilling effect on his ability to obtain and disseminate information in the public interest"; notes that, in 2019, BBC Scotland broadcast a documentary entitled Disclosure: Who Killed Emma?, which was produced by Eamonn O Connor and included an interview with Iain Packer, conducted by Sam Poling, in which he denied killing Emma Caldwell and being violent towards women; further notes that some reported victims of Iain Packer contacted the BBC after the broadcast and provided statements to Police Scotland; agrees with trial judge Lord Beckett, who, in his sentencing statement, gave credit to Sam Poling for her journalistic work, and also cited the "patient, persistent and professional police work" of retired detectives, Stuart Hall and David Barr; commends the work of all police officers, lawyers and journalists who, it believes, have been instrumental in collectively exposing what it sees as significant police failings and wrongdoing, which it is believed resulted in Iain Packer evading investigation for far too long, and which, it considers, has caused damage to public confidence in Scotland's justice system; notes with sadness that Emma Caldwell's father, William Caldwell, died of cancer in 2011 at the age of 62; pays tribute to Emma Caldwell's mother, Margaret Caldwell, and her family for their tireless 19-year campaign to secure justice, during which time, it believes, they have displayed great courage, strength, tenacity and dignity; welcomes the apology that has been issued by Police Scotland, and notes the reported view of Margaret Caldwell, her family, and their solicitor, Aamer Anwar, that while the judge-led public inquiry that has been agreed to by the Scottish Government is welcome, it should be presided over by someone who is wholly independent of Scotland's criminal justice system.


Supported by: Jeremy Balfour, Miles Briggs, Alexander Burnett, Jackson Carlaw, Sharon Dowey, Tim Eagle, Annabelle Ewing, Murdo Fraser, Meghan Gallacher, Pam Gosal, Jamie Greene, Dr. Sandesh Gulhane, Jamie Halcro Johnston, Craig Hoy, Liam Kerr, Stephen Kerr, Douglas Lumsden, Edward Mountain, Douglas Ross, Liz Smith, Alexander Stewart, Sue Webber, Annie Wells, Tess White, Elena Whitham, Brian Whittle