Scale of McKie cover-up revealed
MARCELLO MEGA AND EDDIE BARNES
A DEVASTATING secret report into how police fingerprint experts
manipulated evidence and covered up errors in the Shirley McKie
scandal is revealed today by Scotland on Sunday.
The 58-page document, written by one of the country's leading
police officers, accuses the Scottish Criminal Records Office
(SCRO) of "unbelievable... arrogance... and complacency",
and of taking a "criminal course of action" aimed at
protecting reputations, regardless of the impact on others.
The investigation suggests a conspiracy inside the SCRO involving
senior figures. It reveals that one leading fingerprint expert
tried to pressure a junior colleague into identifying a crime
scene print as McKie's.
The report was written in 2000 by James Mackay, the then Deputy
Chief Constable of Tayside, and lays bare deep disagreement within
the SCRO about whether the print belonged to the detective constable.
It reveals that at least three further experts failed to confirm
the identification. Despite this, the SCRO continued to insist
McKie had left her thumbprint on a door frame at a murder scene,
which led to her being charged with perjury.
The emergence of the report - kept secret for nearly six years
- led last night to fresh demands for a public inquiry, and to
further questions as to why Scotland's prosecutors had failed
to act on Mackay's findings.
Shirley McKie's father, Iain, said: "After a nine-year battle
to clear my daughter's name, I feel totally vindicated. But what
is so distressing is that this report was not acted upon by the
Lord Advocate Colin Boyd. Why did the Lord Advocate not take account
of the facts in this report? That is an indictment of the Lord
Advocate and the whole system."
Shirley McKie, now 43, was a detective with Strathclyde Police
when, in February 1997, she was seconded to the murder squad investigating
the death of Marion Ross.
A thumbprint on a door frame was examined by the SCRO and wrongly
identified as McKie's. When the officer denied in court having
visited the murder scene, she was charged with perjury.
McKie was only acquitted when two US fingerprint experts gave
evidence that the print was not hers. McKie was recently awarded
£750,000 compensation by the Scottish Executive, which continues
to claim the incident was an "honest mistake".
Scotland on Sunday has previously reported the conclusion of
Mackay's report into the scandal, which was delivered in October
2000, that there was "criminality" and a "cover-up"
at the SCRO. But the full executive summary has now been obtained
by this newspaper and provides the most detailed and shocking
account yet of what went wrong in the SCRO. It reveals that:
• The SCRO was divided from the start over whether the
print at the murder scene was McKie's. On Monday, February 10,
1997, one junior member of staff who could not identify the print
beyond doubt was told by a senior colleague that it would be "beneficial"
if it could be identified, and "suggested getting someone
else" to do so.
• By the following day, no fewer than four SCRO experts
had been found who could positively identify the print.
• A week later, on February 18, "blind" tests
were carried out by four SCRO staff, three of whom could not positively
identify the print as McKie's. Two asked for more time but "were
not shown the mark again".
• The Mackay inquiry contacted the leading authority in
England on fingerprinting, the Durham-based National Fingerprint
Training Centre, which accused the SCRO's experts of "collective
manipulation and collective collusion".
• SCRO officers who gave evidence at McKie's trial were
seen arguing during a break, even though one of them had still
to give evidence. This is a clear breach of court rules.
Mackay's report concludes: "One cannot help but firmly believe
that mistakes having been made, there prevailed a culture and
mindset to preserve the reputation of individuals. There was then
a criminal course of action. Sadly, this entrenched arrogance
by some overshadows the dedication and excellent work evident
in others."
Scotland on Sunday has also been passed a minute from a meeting
of SCRO fingerprint experts in 1995 in which they appear to express
"concern" about pressure from superiors to come up with
results. It warns of "concern as shown by the group over
the question of persons' names being taken over not signing an
identification".
A letter from a former SCRO fingerprint expert has also been
passed to this newspaper alleging "bullying and intimidation"
of officers.
A spokeswoman for the SCRO said last night that since the McKie
case the service had been transformed.
"Since 2000, as a result of this case, SCRO has been subject
to several detailed and rigorous reviews," she said. "All
processes and procedures were scrutinised by HMIC [Her Majesty's
Inspectorate of Constabulary].
"The Scottish Fingerprint Service embraced the need for
significant change and implemented a change management programme,
resulting in the introduction of ... new and improved quality
management systems which are subject to external audit and accreditation."
But campaigners insist the problems that blighted the McKie case
still linger on. At least one murder conviction is to be challenged
on the basis of "flawed" fingerprint evidence.