Fingerprint Inquiry
Encyclopedia
The Fingerprint Inquiry is a public inquiry
set up by Scottish Government ministers under the Inquiries Act 2005
to look at the steps which were taken to identify and verify the fingerprints associated with the case of HM Advocate v McKie
in 1999. The Inquiry will determine the consequences of steps taken, report on findings of fact and make recommendations
Chairman, Sir Anthony Campbell, opened the evidence hearings on Tuesday 2 June 2009 at Maryhill Community Central Hall, Glasgow
. Following Sir Anthony's introductory statement, Senior Counsel to the Inquiry made an opening statement which included a public presentation of all the material that the Inquiry has collected. Thereafter, legal representatives for the core participants were given an opportunity to make their opening statements, followed by any submissions.
The Inquiry began taking oral evidence on Tuesday 9 June. The core participants are:
QC, Senior Counsel to the Inquiry, has a potential conflict of interest relating to the Shirley McKie case.
Sir Anthony Campbell had considered this issue in March 2009 and decided that Mr Moynihan should continue to act as Senior Counsel to the Inquiry. His decision was communicated to core participants on 16 March 2009 and published on the Inquiry website.
In 2007, the media reported that there may have been a link between the McKie fingerprint case and the Lockerbie bombing. However, evidence of this alleged link has yet to be substantiated.
Public inquiry
A Tribunal of Inquiry is an official review of events or actions ordered by a government body in Common Law countries such as the United Kingdom, Ireland or Canada. Such a public inquiry differs from a Royal Commission in that a public inquiry accepts evidence and conducts its hearings in a more...
set up by Scottish Government ministers under the Inquiries Act 2005
Inquiries Act 2005
The Inquiries Act 2005 is an Act of the Parliament of the United Kingdom. According to the Department for Constitutional Affairs, the Act "is designed to provide a framework under which future inquiries, set up by Ministers into events that have caused or have potential to cause public concern,...
to look at the steps which were taken to identify and verify the fingerprints associated with the case of HM Advocate v McKie
Shirley McKie
Shirley McKie is a former Scottish police detective who was accused by fingerprint analysis staff of the Scottish Criminal Record Office of leaving her thumb print on the bathroom door frame of a murder crime-scene in Kilmarnock on 14 January 1997....
in 1999. The Inquiry will determine the consequences of steps taken, report on findings of fact and make recommendations
Terms of reference
The Fingerprint Inquiry has the following terms of reference:- To inquire into the steps that were taken to identify and verify the fingerprints associated with, and leading up to, the case of HM Advocate v. McKie in 1999, and
- To determine, in relation to the fingerprint designated Y7, the consequences of the steps taken, or not taken, and
- To report findings of fact and make recommendations as to what measures might now be introduced, beyond those that have already been introduced since 1999, to ensure that any shortcomings are avoided in the future.
Inquiry proceedings
The Inquiry was announced by Justice Secretary Kenny MacAskill in March 2008. An Initial Hearing was held in October 2008, followed by a Procedural Hearing in November 2008.Chairman, Sir Anthony Campbell, opened the evidence hearings on Tuesday 2 June 2009 at Maryhill Community Central Hall, Glasgow
Glasgow
Glasgow is the largest city in Scotland and third most populous in the United Kingdom. The city is situated on the River Clyde in the country's west central lowlands...
. Following Sir Anthony's introductory statement, Senior Counsel to the Inquiry made an opening statement which included a public presentation of all the material that the Inquiry has collected. Thereafter, legal representatives for the core participants were given an opportunity to make their opening statements, followed by any submissions.
The Inquiry began taking oral evidence on Tuesday 9 June. The core participants are:
- The Lord Advocate
- Stephen House, Chief Constable of Strathclyde PoliceStrathclyde PoliceStrathclyde Police is the territorial police force responsible for the Scottish council areas of Argyll and Bute, City of Glasgow, East Ayrshire, East Dunbartonshire, East Renfrewshire, Inverclyde, North Ayrshire, North Lanarkshire, Renfrewshire, South Ayrshire, South Lanarkshire and West...
- Scottish Police Services Authority
- Alan Dunbar
- Terence Foley
- Alister Geddes
- David Halliday
- Fiona McBride
- Anthony McKenna
- Robert Mackenzie
- Hugh Macpherson
- Malcolm Ross
- Charles Stewart
- Peter Swann
- Pat Wertheim
- David Asbury (whose murder conviction was quashed on appeal)
- Shirley McKieShirley McKieShirley McKie is a former Scottish police detective who was accused by fingerprint analysis staff of the Scottish Criminal Record Office of leaving her thumb print on the bathroom door frame of a murder crime-scene in Kilmarnock on 14 January 1997....
- Iain McKie (Ms McKie's father)
Issues
In 2009 it was reported that Gerry MoynihanGerry Moynihan
Gerry Moynihan QC is a Scottish advocate who was Standing Junior Counsel for the Scottish Office in relation to planning matters from 1990 to 1995. Moynihan was appointed QC in 1997 and was an Advocate Depute from 1995 to 1998.-Wide range of litigation:...
QC, Senior Counsel to the Inquiry, has a potential conflict of interest relating to the Shirley McKie case.
Sir Anthony Campbell had considered this issue in March 2009 and decided that Mr Moynihan should continue to act as Senior Counsel to the Inquiry. His decision was communicated to core participants on 16 March 2009 and published on the Inquiry website.
In 2007, the media reported that there may have been a link between the McKie fingerprint case and the Lockerbie bombing. However, evidence of this alleged link has yet to be substantiated.