Press Releases
Inquiry Press Release
The Inquiry issued the following press release on 17 September: 
Press Release – 17 Sept 08 (PDF, 14 Kb).
Announcement of Inquiry - Press Release issued by Scottish Government
PRESS RELEASE 14/03/2008
A senior Northern Irish judge is to chair the public judicial inquiry into the Shirley McKie case, Justice Secretary Kenny MacAskill announced today.
The inquiry is to be chaired by Lord Justice Campbell and will have as its 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
- To determine, in relation to the fingerprint designated Y7, the consequences of the steps taken, or not taken
- 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.
The setting up of the inquiry fulfils a clear commitment of the Scottish Government.
The inquiry is being formally set up today, for the purposes of the 2005 Act. It is anticipated that the initial focus will be on progressing the planning and preparatory work that is necessary for the practical functioning of the inquiry.
This will be take place under the overall direction of Lord Justice Campbell, though he will remain focused on his existing judicial duties in Northern Ireland until the end of August.
Future public announcements about the conduct of the inquiry will be made by Lord Justice Campbell in light of that work and he will not be accepting evidence or representations until then.
Mr MacAskill said: "For over a decade, the Shirley McKie case has cast a cloud of suspicion and uncertainty not just over the individuals involved but over the criminal justice system. Previous reviews have helped to shed some light on matters, but they have not fully explained the events. They have not entirely dispersed that cloud. Public concern remains. This is not an issue we can allow to wither on the vine – unless we are prepared to allow public confidence to wither with it.
"That is why the Scottish Government gave a clear commitment to establish an independent, public, judicial inquiry into the case. Today marks a very significant step forward. We have the right person for the job – someone with a compelling combination of experiences and attributes. We have the remit for the job – to start at the beginning of the story and this time to find us all an ending.
"The Scottish legal system has served Scotland well for centuries. Occasionally things go wrong. When they do it is to the credit of the system and the country that we seek to resolve them and set it right.
"The purpose of the inquiry is not to try or retry any individual for the events of the past, nor to challenge the decisions of the prosecution, the defence or the courts in relation to any of those events. The purpose is to open up and understand those events and to learn from them to ensure that Scotland has a fully efficient, effective and robust approach to the identification, verification and presentation of fingerprint material.
"The inquiry will have at its disposal the full powers bestowed by the 2005 Act, including powers relating to access to documents and witnesses. For its part, the Scottish Government will volunteer any material that it holds and which might be useful to the inquiry.
"The Lord Advocate has also made clear that she will, exceptionally, make available to the inquiry any material that the Crown Office holds and which might be useful to the inquiry, including the Mackay report, Crown precognitions and reports by Crown Office officials. Additionally, if requested by the inquiry, Ministers and officials from both the Scottish Government and the Crown Office and Procurator Fiscal Service will appear in person to provide an account of their knowledge of events. Nothing will be hidden from the inquiry."
Commenting on his approach to the inquiry, Lord Justice Campbell said: "The importance of this inquiry is evident to me. I know from my previous experience of conducting this type of work in Scotland that, by their very nature, inquiries tend to deal with issues that are difficult and sensitive. I intend that this inquiry will be both rigorous and fair in dealing with issues and individuals arising from the Shirley McKie case.
"The process of directing the planning and preparatory work that is necessary for an inquiry of this type will begin very shortly with the inquiry itself starting in September. Further announcements will be made by my inquiry team in due course."
The Rt Hon Lord Justice (Sir Anthony) Campbell is one of the most senior judges in Northern Ireland. He was educated at Campbell College, Belfast and Queens' College, Cambridge, called to the Bar of Northern Ireland (NI) in 1960 and to the Bar of England and Wales by Gray's Inn in the same year. From 1971 he was Junior Counsel to the Attorney General for NI until 1974 when he took Silk and Senior Crown Counsel from 1984-1988.
Lord Justice Campbell was a judge of the High Court from 1988-1998 and since then has been a Lord Justice of Appeal (a position from which he will be retiring on August 31, 2008).
In November 2000 he was appointed by the Lord Advocate to conduct an inquiry into the decision making process in the prosecution of three men who had been accused of the murder of Surjit Singh Chhokar. His report was published in October 2001 and he subsequently gave evidence to the Justice 2 Committee in March 2002.