Fingerprint Inquiry

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^[1]

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.^[2]

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. 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.^[3][4] The core participants are:

• The Lord Advocate
• Stephen House, Chief Constable of Strathclyde Police
• 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)^[5]
• Shirley McKie
• Iain McKie (Ms McKie's father)

Issues

In 2009 it was reported that Gerry Moynihan QC, Senior Counsel to the Inquiry, has a potential conflict of interest relating to the Shirley McKie case.^[6] 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.^[7]

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.^[8]

References

1. ^ "The Fingerprint Inquiry Scotland". http://www.thefingerprintinquiryscotland.org.uk/inquiry/CCC_FirstPage.jsp. 
2. ^ "Terms of reference". http://www.thefingerprintinquiryscotland.org.uk/inquiry/26.24.html. Retrieved 2009-06-02. 
3. ^ "Inquiry Announcements and Notices". http://www.thefingerprintinquiryscotland.org.uk/inquiry/75.html#ten. 
4. ^ "McKie inquiry evidence to start". BBC News. 2009-06-01. http://news.bbc.co.uk/1/hi/scotland/glasgow_and_west/8077893.stm. Retrieved 2009-06-02. 
5. ^ "Murder conviction is quashed". BBC News. 2002-08-15. http://www.innocent.org.uk/cases/davidasbury/index.html. Retrieved 2009-06-03. 
6. ^ Tom Gordon (2009-06-02). "McKie fingerprint inquiry hit by QC’s conflict of interest". Sunday Herald. http://www.sundayherald.com/news/heraldnews/display.var.2507195.0.mckie_fingerprint_inquiry_hit_by_qcs_conflict_of_interest.php. 
7. ^ "Chairman's decision regarding the position of Senior Counsel to the Inquiry". http://www.thefingerprintinquiryscotland.org.uk/inquiry/files/2009-03-17%20Chairmans%20Decision%20regarding%20the%20Position%20of%20Senior%20Counsel%20to%20the%20Inquiry.pdf. 
8. ^ "Inquiry into Lockerbie link to McKie prints 'cover-up'". The Scotsman. 2007-06-04. http://news.scotsman.com/shirleymckiefingerprintcase/Inquiry-into-Lockerbie-link-to.3291677.jp. Retrieved 2009-06-02.