Chapter 3: The investigation at the crime scene
Introduction
The evening of 8 January 1997 and overnight
The finding of Miss Ross's body
The first hour
The first evening
Overnight
Mr Moffat and the possibility that Y7 was the mark of Mr Gray
Presence of other officers in the house
Comment on presence of officers in house
9 - 10 January
9 January
Ms McKie
Scene of crime examination
The removal of the bathroom door
10 January
14 - 16 January
14 January - the discovery of Y7
15-16 January
Commentary
The designation as a murder investigation
Y7 being found at second powdering
Chapter 4: The continuing investigation and the detention of Mr Asbury
Introduction
Outline of the early stages of a prosecution
13 - 17 January
13 January - the discovery of XF
14 January - Mr David Asbury
15-17 January
21 - 31 January
XF and Mr Asbury's detention and arrest
23 January - Mr Asbury's first appearance in court
23 January - visit of Mr McAllister and Mr Moffat to the locus
Miss Ross's prints retaken
The discovery of marks on the tin and contents, including QD2 and QI2
The continuing investigation and Crown Counsel
29 January - Marks QB2 - QL2
30 January - instruction for full committal for trial
31 January - Mr Asbury in court, QI2 identified
Commentary
Chapter 5: SCRO: The identification and verification process XF, QD2, QI2
Introduction
The standard applied in the comparison process
Information available to SCRO
Information sharing generally - the police perspective
Information sharing generally - the SCRO perspective
SCRO's notes in this case
Information about the gift
Information about the tin and banknotes
Identification and verification
The identification and verification of XF
The record written on the photograph
The marks worksheet
The fourth checker
The identification and verification of QD2
The identification and verification of QI2
The record written on the photograph and the marks worksheet
The process
The timing
The other records for QD2 and QI2
Commentary
The standard applied
Information made available to SCRO
The timing of the result for QI2
Chapter 6: SCRO: the identification and verification of Y7
Examination of the marks in the bundle Y7-V9
Receipt of Ms McKie's prints
The identification and verification of the mark
Identification by Mr MacPherson
Mr Geddes's examination of the mark and print
Mr Geddes's discussion with Mr MacPherson
Next step
Verification by Mr Stewart
Verification by Ms McBride
Verification by Mr McKenna
Communication of checkers' conclusions
Recording the result
Result phoned out
Commentary
The involvement of Mr Geddes
The examiners' comments on the mark
Previous incident
Commentary
Chapter 7: Tuesday 11 to Tuesday 18 February 1997 - checking the identification of Y7
Introduction
Tuesday 11 February 1997
Immediate reactions to the identification
12 and 13 February
A new photograph of Y7
The instruction
The activity at the locus, in the Identification Bureau and at SCRO
What emerged from SCRO on 12 February
The 12 February photographs
13 February
Senior staff in SCRO
Friday 14 February
Saturday 15 February
Commentary - 11 - 16 February
Steps taken by Mr Heath
Steps taken by SCRO
Monday 17 February
Ms McKie's meeting with Mr Thomson
Police requests to SCRO
SCRO activity on 17 February
The basis of the re-checking on 17 and 18 February
Mr Mackenzie's and Mr Dunbar's comparisons of Y7 on 17 February
The bases for the conclusions
The 'blind test'
The background
The exercise
The conclusion of the exercise
The participants
Contact with officers at home
Others' knowledge of the 'blind test'
Commentary - the events of 17 February
The comparison by Mr Dunbar and Mr Mackenzie
The 'blind test'
Results of the comparisons
Tuesday 18 February
At SCRO
The new print form and photographs
The examiners
Examiners' observations - 18 February
The police are informed
Ms McKie is informed
Commentary - the events of 18 February
Commentary - Overview of checks from 11 - 18 February
Chapter 8: The period from 18 February to the trial in HMA v Asbury
Introduction
Mid February - early March 1997
Preparation for the trial in HMA v Asbury
The police inform the procurator fiscal about Y7
The limitation to the police report
The procurator fiscal informs Crown Office about Y7
The Crown instructs actions concerning Y7
The procurator fiscal instructs actions by the police
The police and Ms McKie
Mr McKie
Meeting of Ms McKie and Mr McKie with the Divisional Commander
Follow up by the police
Commentary
March 1997 - further developments
Police implementation of the Crown instructions
Mr Malcolm's report concerning 'the previous incident'
Mr Heath
The Precognition is completed and sent to Crown Office
Ms McKie's account of her interview with Mr Malcolm and the content of the statement
Commentary
April 1997 - Indictment and further enquiries
Ms McKie precognosed
Mr Heath
Commentary
End of April until the trial in HMA v Asbury
Ms McKie
Preparations as regards the fingerprint evidence
The trial
Commentary
Chapter 9: Preparation of reports by SCRO in HMA v Asbury
Introduction
The preparation for trial: general processes
Process followed
Charted enlargements
The fingerprint productions in HMA v Asbury
Allocation of witnesses
Preparation of productions
Commentary: Pro forma reports and disclosure
Chapter 10: Preparation for the trial in HMA v McKie
Introduction
The exercise of the Crown's discretion to prosecute
Crown Office papers
Personnel involved in 1997-1999
Views in Scotland on fingerprint evidence in 1997-1999
Infallibility
How often was fingerprint evidence challenged in Scotland?
To what extent did fingerprint examiners have to give evidence in court?
The preparation process
Summer 1997: the instruction to prepare a Precognition
Steps taken at Crown Office following Mr Dewar's note
Mr Asbury's appeal
August 1997: Disciplinary proceedings against Ms McKie: Mr Wilson's report
Meeting with Mr Gibb and Mr Wilson
Precognition of Mr Kerr, Mr Stewart and Mr MacPherson
Completion of Precognition
The terms of the Precognition submitted to Crown Office
January 1998: the decision to place Ms McKie on petition
Instructions to Mrs Greaves
Ms McKie placed on petition
Failure to exhaust instructions
April-May 1998: the instruction of and production of Mr Kent's report
Progress
Receipt of Mr Kent's report
Instructions from Crown Counsel
Mr and Ms McKie and Mr Swann, Implementation of Crown Counsel's instructions after Mr Kent's report was issued
Commentary
Failure to instruct a comparison of Y7 by an external examiner
Lack of knowledge that some SCRO examiners had not found 16 points in sequence and agreement
Significance of the failure to instruct an external review
The decision to indict: ought the matter have been referred to Lord Boyd?
The indictment
Chapter 11: The preparation of Crown and defence fingerprint evidence for the trial in HMA v McKie
Preparation by the Crown
The information available to Crown Office
Materials specific to Y7 prepared for the Crown
Explanation for multiple productions
Multiple reports and productions
Negative and additional fingerprint form
Booklet
SCRO productions: routine evidence
Defence preparation of fingerprint evidence
April 1998 to February 1999
February-March 1999: Mr Swann's examinations of the mark
5 March 1999: Ms McKie informed of the result
March 1999: Mr Wertheim's examination of Y7
Damage to the mark
Commentary
Late March 1999: Crown preparation for the trial
Mr Murphy's analysis
Instruction of English expert
30 March meeting with Mr MacPherson and Mr Stewart
Commentary
2 - 13 April 1999: defence preparation of fingerprint evidence
Crown's emerging awareness of the defence position
Mr Murphy advised of defence fingerprint evidence
Meeting with Mr MacPherson and Mr Stewart to discuss the defence production
Mr Murphy's decision not to seek an adjournment
Non-disclosure of relevant factors
Citations
Steps taken at SCRO after the pre-trial meeting with Mr Murphy
Other enquiries instructed by Mr Murphy
Discussions with Mr Kent
Mr Murphy's awareness of other defence experts
Commentary
Chapter 12: The trial: HMA v McKie
Introduction
The evidence of Mr Shields, Mr Kerr and Mr Lees
Scene of crime evidence
SCRO fingerprint evidence: overview
Mr Foley
SCRO examiners' evidence at the trial
Numbering of characteristics in the charted enlargements
Mr Stewart
Ms McBride
Mr MacPherson
Ms McKie's evidence
The fingerprint evidence for the defence
Mr Wertheim's evidence
Mr Grieve's evidence
Speeches
Lord Johnston's charge to the jury
The verdict
Chapter 13: Events following the decision in HMA v McKie
Introduction
HMA v Asbury - appeal
1999: Initial reactions to HMA v McKie
SCRO and Crown Office
Mr McKie
Examinations of the mark and print
SCRO
Materials available to those outside SCRO
Devon and Cornwall Constabulary
Commentary on unwillingness of SCRO to release the fingerprint material
Further work at SCRO
January - February 2000
First BBC 'Frontline Scotland' documentary
Lothian & Borders fingerprint officers
Decision to have an external review
March - June 2000
Second BBC 'Frontline Scotland' documentary
HMICS's emerging findings
The ACPOS Presidential Review Group and announcements in Parliament
Implementation of decisions
Mr McKie's response
July - September 2000
Investigation of allegations of criminality
Examination of QI2 and other marks: Mr Rokkjaer and Mr Rasmussen
Suspension of the SCRO officers
The meeting of experts
Mr Mackenzie and Mr Dunbar moved to non-operational duties
Written report from the Danish experts and extension of Gilchrist and Mackay investigations
APRG and HMICS interim reports
NTC reports
Apology to Ms McKie
October - November 2000
Mr Mackay's report and the CMRT report
Mr Gilchrist and the NTC
2001: the SCRO officers, Mr Gilchrist's report
NTC report
Meetings with other examiners
Mr Gilchrist's report
Contact between Mr Gilchrist and Mr Mackenzie
Crown Office assessment
Lord Advocate's decision regarding prosecution
Requirement for second opinions in SCRO cases ends
Civil proceedings
First Minister's statement
Leak of Mackay report
The Justice 1 Committee report