24-04-2025
- Politics
- The Herald Scotland
Emma Caldwell public inquiry: Mother welcomes judge's appointment
19 years later, it has finally been announced that Lord John Scott, a Scottish high court judge, who was a prominent human rights lawyers until he became a judge in 2022, will head the public inquiry into her death after an almost two-decade wait.
The Scottish government initially ordered a judge-led public inquiry into the original police investigation into Ms Caldwell's death in May 2005.
However, there has been a delay to this taking place as the family of Ms Caldwell has consistently called for a judge outwith the Scottish jurisdiction.
Grieving mother Margaret Caldwell has campaigned for years for her daughter's legacy and she hopes Emma Caldwell's name will live on long after her killer's name.
Emma Caldwell's mother welcomes the appointment of Lord Scott KC, a judge at the Supreme Courts in Scotland, to head the public inquiry into her daughter's death @heraldscotland — Hannah Brown (@HannahMargBrown) April 24, 2025
"I'm happy with this decision -I'm hoping things will get going now," Margaret Caldwell told journalists, "I've waited a long, long time and there's no closure as far as I'm concerned. I have to live with everything."
Emma Caldwell's mother, Margaret Caldwell (Image: Andrew Milligan/ PA Wire) Explaining the family's support of the appointment of Lord Scott, their lawyer Aamer Anwar said "John Scott has a reputation of being outwith the circle" of Crown Office adding, "he hasn't taken the normal path to be a high court judge".
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Following a meeting with the justice secretary and First Minister on Thursday morning, the family's lawyer said they are "grateful" to the Scottish Government and the new Lord President Lord Pentland in reaching what he described as a "pragmatic solution" by appointing Lord Scott KC.
Speaking outside the Scottish Parliament today, Margaret Caldwell told journalists she has waited "a long long time" for this adding, "there's no closure, as far as I'm concerned."
After nearly two decades, Packer was convicted in 2024 and was found guilty of 33 charges involving 22 women, including Ms Caldwell's murder and 11 counts of rape.
Aamer Anwar, the solicitor acting on behalf of the Emma Caldwell family said: "The family wanted a judge who could be trusted to act without fair or favour and shine a glaring spotlight into the heart of policing and the Crown Office in Scotland.
"Margaret Caldwell hopes that Lord Scott will be that judge."
In a meeting with the first minister, the family's warned that no law officer in Crown office or senior police office can be allowed to dictate the terms of reference in this public inquiry.
Mr Anwar added: "The major concern of the Caldwell family was that the police and the Crown Office could not be trusted to investigate themselves or their former superiors.
"The family believed that the scale of the crimes and the allegations of corruption or misconduct levelled at senior police officers and Crown lawyers are so catastrophic that only an independent judge outside the Scottish justice system would have sufficed.
"A toxic culture of misogyny and police corruption freed a killer to rape and rape again."
Announcing the appointment, Ms Constance said: 'In March last year, I announced that there would be a public inquiry into the investigation of Emma's murder in 2005 to provide answers to the victims and survivors involved and ensure that lessons are learned for the future.
'The other victims, as well as Emma's mother Margaret and the rest of the family, deserve nothing less after the unbearable loss, pain and grief they have suffered.
'Lord Scott has a strong track record on human rights and I am pleased that someone of his experience, expertise and legal standing will lead this inquiry. Importantly, Emma's family support his appointment.
'I will now consult Lord Scott on the terms of reference and seek the views of Emma's family and others on the inquiry's remit.
'I will update Parliament on the terms of reference and the timescale for the inquiry's formal setting-up date in due course.'
Lord Scott said: 'I am aware of the significant public interest in this inquiry and the importance it holds for Emma Caldwell's family. I will discharge my duties as chair independently, thoroughly and to the best of my ability.
'I come to this role with three years of experience as a judge of the Court of Session and High Court of Justiciary.
'This followed over 20 years in the voluntary sector, primarily in the area of human rights, as well as over 30 years in private practice as a criminal defence lawyer and work in several reviews which scrutinised the use of various powers by the Police Service of Scotland.
'I look forward to discussing the terms of reference with the Cabinet Secretary and to establishing and working with an inquiry team to start our work as soon as possible.'
Miss Caldwell's body was found in Limefield Woods, near Roberton, South Lanarkshire, on May 8 2005, more than a month after she went missing in Glasgow.
Police interviewed Packer that June but he was not convicted until almost two decades later.
Police Scotland have since apologised to the family of Miss Caldwell and his other victims for how the original inquiry was handled, saying they were 'let down'.
Lord Scott was appointed the chair of a group overseeing Police Scotland's use of powers during the pandemic, as well as leading thee Scottish Mental Health Law Review.
It has not yet been established when the public inquiry will begin.