PIRC apologises to senior officer over mishandling of complaints

The Police Investigations and Review Commissioner (PIRC) has apologised to a senior officer whose complaint about claims he attempted to pervert the course of justice in the Kevin “Gerbil” Carroll murder inquiry was handled improperly.

Kate Frame, the current commissioner and former procurator fiscal who held senior roles in the Crown Office and Procurator Fiscal Service (COPFS) apologised to detective superintendent Michael Orr for his treatment after the commissioner upheld four of his complaints and a further four of another complainer’s eight against the PIRC.

Mr Orr’s complaint involved deputy chief constable Neil Richardson and assistant chief constable Ruaraidh Nicolson.

The Crown later dropped proceedings against him for perverting the course of justice and he continues to serve.

Two years ago, the PIRC took control of the investigation into Mr Orr’s complaints – among them one that the inquiry was not undertaken in a “thorough and professional manner”.

It produced a report for the Scottish Police Authority (SPA) which made the decision not to take any further action.

Mr Orr subsequently complained about the PIRC’s investigation, which resulted in the Northern Irish police ombudsman calling the watchdog’s investigation “flawed”.

Ms Frame said findings have been sent to the SPA for consideration on whether action should be taken against senior officers.

However, she said she was confident the investigation was undertaken impartially and independently.

The commissioner added that “a number of the identified failures arise from investigative decisions not being properly recorded”, adding a new case management system would help prevent this in the future.

The OPONI report states there is no hard evidence of bias on the part of the PIRC but that “a lack of recorded decision making and evidence to support some of the positions reached does not serve to demonstrate an independent and impartial investigation”.

OPONI also stated investigators availed themselves of legislation not in effect at the time of the complaints.

A spokeswoman for SPA said: “The SPA…will seek an early opportunity for its dedicated Complaints and Conduct Committee to formally consider the issues raised and decide what further steps to take.”