Margaret Caldwell said the fight for justice for her daughter, who was killed by Iain Packer in 2005, ‘isn’t finished yet’

A judge from outside Scotland could oversee the public inquiry into Emma Caldwell’s death, as the victim’s mother said she believed the process would be a “chance for a legacy” for her daughter.

Justice secretary Angela Constance has confirmed an independent judge-led inquiry will take place into the handling of Ms Caldwell’s death, insisting there is a “clear and compelling” case for an investigation.

Ms Constance said she was open to the idea of a judge from outwith Scotland heading up the inquiry, with the Crown Office potentially left with questions to answer over the case.

The announcement comes after both First Minister Humza Yousaf and Ms Constance met with the murdered woman’s mother, Margaret Caldwell, earlier this week, who was in the public gallery at Holyrood to hear the confirmation on an inquiry.

Ms Caldwell was killed by serial rapist Iain Packer in 2005. But while he was interviewed by police officers the month after her body was found in May that year, it was only last week he was convicted of her murder, along with a series of rapes and other offences.

Police Scotland has already apologised to the family of Ms Caldwell and his other victims, saying they were “let down” by policing in 2005.

Speaking in Holyrood, Ms Constance said there was “no doubt of the serious failings” that took place. She said: “I can today announce there will be an independent judge-led statutory public inquiry and preparations will begin immediately.”

Emma Caldwell's mother, Margaret Caldwell, along with her family and their lawyer, Aamer Anwar sit in the public gallery at the Scottish Parliament. Picture: Jeff J Mitchell/Getty Images

Ms Constance said she had “not taken this decision lightly”, but pointed to the “horrific extent” of violence seen in the case.

She said: “Margaret Caldwell and her family have waited far too long to get justice for Emma. I have expressed directly to them on behalf of the Scottish Government how deeply sorry we are for their loss, and for the pain and grief they have had to endure.

“Nineteen years have elapsed between Emma’s murder and a conviction, showing serious failings occurred in the investigation. Given this, along with the gravity of this case, the length of time that it took for justice to be served for so many women and the horrific extent of the sexual violence suffered by the victims and survivors, the case for holding a public inquiry is overwhelming.”

Scottish Conservative justice spokesperson Russell Findlay alleged there “appears to be corruption at the heart of Scotland’s criminal justice system”, claiming the victim’s family were “deceived and lied to by those in positions of lies and trust”.

He said after speaking to the victim’s mother, “she believes that only a judge with no connections to Scotland’s criminal justice establishment must be appointed”.

Ms Caldwell was asked about her feelings after the announcement. She said: “It isn’t finished yet.”

Emma’s brother Jamie said it was “difficult to tell at this stage” how to feel about the announcement.

The family’s lawyer, Aamer Anwar, said the apology from police was “not accepted” and ruled out the Metropolitan Police investigating as an external force.

“For a mother, today is a chance for a legacy for Emma Caldwell and for the victims of sexual violence,” he said.

Emma Caldwell murder: Public judge-led inquiry announced after Lord Advocate's meeting with Margaret Caldwell