The family of Emma Caldwell, who was murdered in 2005 by serial rapist Iain Packer, has called on Scotland’s incoming top judge not to obstruct justice in the long-awaited inquiry into the police handling of her murder investigation.
Emma Caldwell, just 27 years old at the time of her death, was murdered by Packer, who was convicted in February 2024, nearly two decades after her body was found in Limefield Woods, near Roberton, South Lanarkshire. Packer, who was already a convicted serial rapist, was sentenced to life imprisonment with a minimum term of 36 years. The delays in bringing him to justice, however, have raised concerns about the police investigation into Caldwell’s death, leading her family to push for a full public inquiry.
The Scottish Government announced a public inquiry into the police handling of the murder investigation in March 2023, with assurances that consideration would be given to appointing a judge from outside Scotland to lead it. However, the Caldwell family, along with their lawyer, Aamer Anwar, have expressed frustration over the lack of progress in appointing a non-Scottish judge. They argue that the inquiry should be led by someone with no prior ties to the Crown Office and Procurator Fiscal Service (COPFS), with the family stressing that it is essential for the investigation to be impartial.
Speaking after a meeting with First Minister John Swinney and Justice Secretary Angela Constance at Bute House, Margaret Caldwell, Emma’s mother, directly appealed to Lord Pentland, the newly appointed Lord President, to appoint a judge from outside Scotland to lead the inquiry. Mrs Caldwell 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.”
The Caldwell family and their lawyer are particularly concerned that the majority of High Court judges in Scotland have worked for the Crown Office at some point, which could raise doubts about their impartiality. Anwar emphasised the need for a fresh perspective, suggesting that a judge from outside Scotland could offer a more objective approach to investigating the police’s actions. He pointed out that the police investigation was deeply flawed, with officers allegedly silencing and persecuting colleagues who were aware of the truth about Packer. Furthermore, Anwar claimed that key documents may have been lost or destroyed, hampering the murder inquiry.
“It is horrifically cynical that the files in this highly sensitive case have potentially been destroyed and the case was ordered closed,” Anwar said. “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.”
The police investigation into Emma’s murder has been marred by mistakes and delays. Packer was interviewed by police in June 2005, just weeks after Emma’s body was discovered, but he was not convicted until 2024. In the meantime, the case was left unresolved, and Emma’s family has faced years of uncertainty. Police Scotland has since apologised for the mishandling of the investigation, acknowledging that Emma’s family was let down by the failure to act swiftly and effectively.
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While the family has been waiting for nearly 18 years for justice, they have remained resolute in their pursuit of answers. Margaret Caldwell spoke of her determination to continue the fight, saying: “It’s been 10 months – nearly a year – and we just feel that’s as long as we can wait. 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.”
Justice Secretary John Swinney has expressed his condolences to the family, underscoring the importance of ensuring that they have full confidence in the inquiry process. “As announced in March, an independent, judge-led, statutory public inquiry will take place into the investigation of Emma’s murder in 2005,” he said. “It is vital that the Chair has the confidence of the family and we will continue to engage with them on this.”
While the appointment of the inquiry chair remains pending, Swinney assured the family that their views on the matter would continue to be considered. Police Scotland, too, has pledged to fully support any further investigation into the murder and the work of the Crown Office and Procurator Fiscal Service in identifying an external force to carry out the inquiry.
As the Caldwell family continues their pursuit of justice, the spotlight remains on Scotland’s legal system to ensure that the public inquiry into Emma’s death is handled with the utmost transparency, fairness, and impartiality.
