The mother of murdered Emma Caldwell has repeated her call for an inquiry after it took almost 19 years to bring her daughter’s killer to justice.
Iain Packer was jailed for life with a minimum term of 36 years on Wednesday after being found guilty at the High Court in Glasgow of murdering the 27-year-old in 2005 and of multiple offences involving other women.
Miss Caldwell’s mother, Margaret Caldwell, reiterated her call for a public inquiry into failures by the authorities over the investigation of her murder after meeting Scottish First Minister Humza Yousaf and Justice Secretary Angela Constance.
Yousaf has ‘promised that he will give primary consideration’ to the call for a statutory public inquiry into the investigation of her killer, the family’s lawyer said after the meeting.
Her lawyer Aamer Anwar also said they do not accept there have been significant changes in the police since the 2005 murder.
He said: ‘How many women have to die or be raped before our police service and criminal justice system is held to account?
‘We welcome the public statements of Humza Yousaf on tackling misogyny and violence against women, and we hope he will now commit to a robust and independent public inquiry on the catastrophic failures in the Emma Caldwell case.
‘We appreciate that the Government will seek the views of the Lord Advocate and Chief Constable, whom we will also meet over the next two days, but they cannot be allowed to investigate themselves.
‘Both institutions of Crown Office and the police must answer as to why one of the worst sex offenders in the UK was gifted his freedom for some 17 years.’
He added: ‘Margaret Caldwell wishes to thank the First Minister and Justice Secretary for meeting her today. They treated her with total compassion and empathy and she hopes they will deliver on the many promises they made today.
‘The First Minister promised that he will give primary consideration to the family’s demands for a statutory public inquiry, and the Justice Secretary Angela Constance promised to update parliament within days on their decision.’
Margaret Caldwell previously acknowledged a probe could take many years to set up as she also called for a criminal investigation led by an outside police force and steered by independent prosecutors to scrutinise the conduct of authorities, the Sunday Post reported.
Mrs Caldwell told the newspaper: ‘The only thing the Crown Office should have been announcing after the trial was an immediate and independent criminal investigation.
‘It is not just my family that needs reassurance about our justice system. Everyone in Scotland needs that reassurance.’
Packer was also convicted of 11 rapes and 21 further charges including sexual assaults and abduction, involving multiple women, over 26 years.
The Crown Office said that following a full independent investigation Crown Counsel concluded that there was ‘insufficient evidence of criminality on the part of any police officer involved in the investigation of Emma Caldwell’s murder’.
However, the Crown reserved the right to proceed in the future should further evidence become available, as in all cases.
First Minister Humza Yousaf has said a public inquiry into the investigation of Packer is ‘not off the table’.
He and Justice Secretary Angela Constance are due to meet Mrs Caldwell this week and the Crown Office said the Lord Advocate is also due to meet with Miss Caldwell’s family and their solicitor this week.
Mrs Caldwell welcomed the possibility of a public inquiry but said there can be no more delay.
She told the newspaper: ‘I was 57 when Emma died and I’m 78 now. How long must I wait to be told exactly who failed Emma and why?
‘I have no patience for more talk and empty promises. Only actions count now.’
Police Scotland has apologised to the family of Miss Caldwell and Packer’s other victims, admitting they were ‘let down’ by policing.
Miss Caldwell was reported missing by her family in April 2005 and her body was found the following month in Limefield Woods, near Biggar, South Lanarkshire.
In 2015 a Sunday Mail newspaper story branded Packer ‘the forgotten suspect’ and Police Scotland launched a re-investigation of the case that year following instruction from the Lord Advocate.
Mrs Caldwell said that her husband Willie died of cancer and ‘with a broken heart’ in 2011 before seeing justice for his daughter.
She said her daughter always said she would come home and sort herself out, adding ‘every day it breaks my heart’ that she never got the chance.
A spokesperson for the Crown Office and Procurator Fiscal Service said: ‘This week the Lord Advocate will meet with Emma’s family and their solicitor to answer questions about the investigation and criminal proceedings.
‘We feel that to respect this meeting it would not be appropriate to comment publicly on matters which should be discussed first with Emma’s family.
‘However, we can confirm a previous statement that following a full independent investigation Crown Counsel concluded that there was insufficient evidence of criminality on the part of any police officer involved in the investigation of Emma Caldwell’s murder.
‘As in all cases, the Crown reserved the right to proceed in the future should further evidence become available.’
Following Packer’s conviction on Wednesday, Assistant Chief Constable for major crime and public protection Bex Smith said: ‘Police Scotland launched a re-investigation of the case in 2015 after instruction from the Lord Advocate.
‘It is clear that further investigations should have been carried out into Emma’s murder following the initial inquiry in 2005.
‘The lack of investigation until 2015 caused unnecessary distress to her family and all those women who had come forward to report sexual violence.’
Police Scotland said it would cooperate with any legal proceedings.
After Packer was sentenced, Assistant Chief Constable for Major Crime and Public Protection Bex Smith said: ‘Emma Caldwell, her family and many other victims, were let down by policing in 2005. For that we are sorry.
‘A significant number of women and girls who showed remarkable courage to speak up at that time also did not get the justice and support they needed and deserved from Strathclyde Police.
‘Police Scotland launched a re-investigation of the case in 2015 after instruction from the Lord Advocate.
‘It is clear that further investigations should have been carried out into Emma’s murder following the initial enquiry in 2005.
‘The lack of investigation until 2015 caused unnecessary distress to her family and all those women who had come forward to report sexual violence.
‘It is the courage, resilience and determination shown by Emma’s family, in particular her parents William and Margaret, and all those who survived Iain Packer’s horrific catalogue of offending that got us to where we are today.
‘William is, sadly, no longer here to see this day, but I hope this verdict gives Margaret and all those affected by this case, the justice they deserve.
‘This was an extremely challenging re-investigation and without doubt the largest police enquiry of recent times in Scotland.
‘Over seven years, a full review of the original enquiry by Strathclyde Police in 2005 was completed.
‘More than 30,000 documents and statements were gathered and reviewed along with in excess of 23,000 productions. New forensic tests were carried out and new witnesses were identified and interviewed, leading to the convictions today.
‘As part of the re-investigation a report was also sent to the Crown Office and Procurator Fiscal Service in relation to the Strathclyde Police investigation.
‘Iain Packer was a calculating sexual predator who targeted women over many years. It is hard to comprehend how anyone could carry out such despicable, ruthless acts.
‘He took Emma’s life for his own gratification in the most appalling circumstances and cruelly left her body in remote woods hoping to cover his tracks.
‘But time is no barrier to justice and I would urge anyone who has been the victim of sexual violence to please come forward and speak to us.
‘You will be listened to and you will be supported – no matter when the offences took place.
‘We have reflected and learnt from the initial investigation and subsequent re –investigation. Significant changes have been made in recent years to improve our organisational culture and our response, particularly in respect of investigative structures, victim care and processes to these types of crimes.
‘Our Violence against Women and Girls Strategy demonstrates our absolute commitment to tackling the violence and abuse that disproportionately affects women and girls.
‘What shone through to the enquiry team throughout the investigations into Emma’s life was her gentle personality, and I want to finish by saying that our thoughts remain with Emma, her family and all those affected by this terrible case.’
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Chris Matthews
