04 March 2006 Latest News
McKie inquiry ‘risks prosecutor pressure’

LORD ADVOCATE Colin Boyd has warned there is a danger a public inquiry into the Shirley McKie fingerprint case will lead to Crown prosecution decisions being influenced by outside pressure.

Scotland’s top prosecutor was speaking at the official opening of refurbished procurator fiscal premises at Caledonian House in Dundee.

After unveiling a plaque, he declined to say if he thought a public inquiry should be held but voiced his concerns about its possible effect on the service.

He said, “I believe that inquiries into independent prosecutions functions of the Lord Advocate would undermine the independence of the Lord Advocate.

“We have to be very careful that we don’t get a position whereby prosecution decisions are influenced by external pressure.”

Ms McKie won a £750,000 payout from the Scottish Executive after a fingerprint was wrongly identified as hers at a murder scene in 1997.

She was tried for perjury but cleared by a jury after two US experts showed the Scottish Criminal Records Office (SCRO) made a mistake.

An inquiry by former Tayside deputy chief constable Jim Mackay was critical of some SCRO staff and said their actions may have been criminal.

Mr Mackay’s report has been heavily leaked.

Mr Boyd said he had decided not to prosecute staff after receiving a procurator fiscal’s report which included Mr Mackay’s views.

He attacked those responsible for leaking Mr Mackay’s report, calling their actions “deplorable” and in “breach of clear obligations of confidentiality.”

The leaks, he said, exposed people to “trial by media.”

Police reports, he said, are highly confidential and making their advice public could expose them to the risk of civil prosecution.

The Lord Advocate was fulsome in his praise of the new fiscal’s office, refurbished at a cost of £600,000.

He added, “The Crown Office and procurator fiscal service is committed to delivering a high- quality service to local communities and to offering our staff modern and accessible working environments.

“In Dundee, the new open-plan office allows us to maximise the full potential of team working while the suite of interview rooms allows the needs of some of our most vulnerable visitors to be fully catered for.”

Dundee District procurator fiscal Betty Bott said it was a tribute to the her staff that service was maintained throughout the refurbishment.

Meanwhile it emerged yesterday a convicted killer said to have confessed to the murder at the centre of the Shirley McKie scandal has been eliminated from police inquiries.

Patrick Docherty (42), from Ayrshire and serving time for killing a pensioner, was claimed by a newspaper to have said he murdered Marion Ross.

The 51-year-old spinster was stabbed in the eyes and throat at her Kilmarnock home in 1997.

Another man was convicted but later cleared after the “McKie” fingerprint was found at the scene.

However, a Strathclyde Police spokesman said, “We can confirm that this man was interviewed ... and was eliminated as a suspect.”