McKie: ministers hide vital evidence

Published on Sunday 26 March 2006 00:40

MINISTERS have derailed a Scottish Parliament inquiry into the Shirley McKie fingerprint scandal before it even starts, by refusing to hand over at least four top-secret reports into the affair.

MSPs have demanded the release of a raft of confidential reports commissioned by the Scottish Executive, which are believed to contain explosive new information about the case. But ministers have ordered a block on any release of the papers, citing legal conventions to keep them under lock and key.

Leading parliamentarians last night warned that the inquiry into the affair - which is expected to begin next month - is already "toothless".

Former Detective Constable Shirley McKie was wrongly identified as having left her mark at a crime scene nine years ago, and last month was awarded 750,000 compensation for the disastrous error.

The affair has led to remarkable accusations of "criminality and cover-up" against Scotland's forensic service, the Scottish Criminal Records Office (SCRO), and to claims that officials hushed up the affair in order to spare the reputation of Scotland's justice system.

The papers held by the Scottish Executive include two reports by independent fingerprint expert John MacLeod, into the SCRO's handling of the case. There are also several reports commissioned by Lord Advocate Colin Boyd into the affair, including the full report by former Deputy Chief Constable of Tayside police, Jim Mackay.

Justice minister Cathy Jamieson now admits she is sitting on another secret report on the case, the existence of which has previously remained secret.

It is believed the documents shed light on what ministers were told about the case during its long history. They have publicly claimed the affair was an "honest mistake", even though police were warning as long ago as 2000 of criminal behaviour.

Jamieson has now declared publicly for the first time why she is refusing to hand over her reports.

All were written in preparation for the legal case brought against ministers by the McKie family. In a parliamentary answer, she states: "Publication... would undermine the basic principle of Scots law that neither party to litigation is obliged to disclose reports commissioned for the purpose of the litigation."

Despite this clear statement, a spokesman for the Scottish Executive last night continued to claim ministers would "consider" any request for the documents by MSPs on the inquiry.

SNP MSP Alex Neil said: "What is it that they are trying to cover up? For an Executive which is supposed to be committed to transparency, they are engaged in a huge cover-up.