Decision of the Complaints Committee 01667-17 Packer v
Daily Record
Summary of complaint
1. Iain Packer
complained to the Independent Press Standards Organisation that the Daily
Record breached Clause 1 (Accuracy) and Clause 2 (Privacy) of the Editors’ Code
of Practice in the following articles, which appeared online:
2. The articles reported on the unresolved murder of Emma
Caldwell in 2005. They reported that Police Scotland had called in specialists
from the Metropolitan Police, after the Lord Advocate instructed the case to be
re-opened, and highlighted several controversies regarding the investigation.
3. The newspaper reported that after a 2015 investigation
by a sister publication, Police Scotland had launched an internal investigation
to uncover the journalistic sources that had provided information about the
investigation into Emma Caldwell’s murder, which the newspaper believed to be
unlawful. It also criticised the initial inquiry into the murder, and said
there was pressure from the family of Emma Caldwell to re-open the
investigation. The newspaper also reported that the investigation had been
re-opened following its 2015 investigation which identified a “forgotten
suspect”, Iain Packer, who had been interviewed six times by the police but
never charged or arrested. All the articles made reference to the complainant
as a “forgotten suspect.”
4. The complainant
said that the articles were inaccurate, as he was not a “forgotten suspect.” He
had been interviewed by the police in 2008, and had been told he was ruled out
as a suspect. Therefore he did not accept he was a “forgotten suspect,” or a
suspect at all.
5. The complainant also said that the articles were
misleading as they had implied that he was guilty of the murder. The articles
had not made clear that he had been voluntarily interviewed by the police on
each occasion, and they had failed to state that his DNA and his van had been
forensically tested and cleared. The newspaper had also not made clear that he
had an alibi for the night the victim went missing.
6. In addition, the complainant was concerned that the
articles, which included his photograph, had intruded into his private life. He
said that the information he had given in his police interviews was
confidential and was not in the public domain. He did not accept there was a
public interest in intruding into his privacy, as he was not a police suspect
in the investigation, and thousands of other individuals had also been
interviewed.
7. The newspaper did not accept that referring to the
complainant as a suspect was inaccurate, and it did not consider that omitting
that he had been cleared by police in 2008 represented a significant
inaccuracy. It said that at the time of publication, the complainant was being
reconsidered as a suspect by the police, despite being “forgotten” from the
investigation at an earlier stage.
8. The newspaper did not accept that it had accused the
complaint of being guilty of Emma Caldwell’s murder. It had not reported that
his questioning was involuntary, and the police had not confirmed that the
complainant had an alibi, or that his van and DNA had been cleared by forensic
testing; as such, this had not been reported.
9. The newspaper said that the details of the
complainant’s police interview had come from a confidential source, which they
had a duty to protect. It said that due to the contribution this information
had made to the progress of the case, it was entitled to publish the
information. The newspaper did not accept that the publication of the
complainant’s photograph represented a breach of his privacy as it did not show
any private information.
10. The newspaper said there was a strong public interest
in publishing details of the complainant’s police interview, as it had
progressed the investigation significantly, and the case was now being
re-examined. There was also a clear public interest in solving an unresolved
historic murder.
Relevant Code provisions
11. Clause 1 (Accuracy)
i) The Press must take care not to publish inaccurate,
misleading or distorted information or images, including headlines not
supported by the text.
ii) A significant inaccuracy, misleading statement or
distortion must be corrected, promptly and with due prominence, and — where
appropriate — an apology published. In cases involving IPSO, due prominence
should be as required by the regulator.
Clause 2 (Privacy)*
i) Everyone is entitled to respect for his or her private
and family life, home, health and correspondence, including digital
communications.
ii) Editors will be expected to justify intrusions into
any individual’s private life without consent. Account will be taken of the
complainant’s own public disclosures of information.
iii) It is unacceptable to photograph individuals,
without their consent, in public or private places where there is a reasonable
expectation of privacy.
Findings of the Committee
12. The newspaper was entitled to report its position
that the police had failed to fully investigate the complainant’s possible
involvement in Emma Caldwell’s murder following the collapse of the trial
against four men in 2007, and that the complainant was therefore a “forgotten
suspect”. It had made clear in the coverage that its characterisation of the
complainant as a "suspect" was based on the fact that he had been
interviewed several times during the first police investigation, but that he
had not been charged or arrested, which the complainant accepted.
13. While the Committee acknowledged that the complainant
maintained that he had an alibi, that there was no forensic evidence to support
the suggestion that he was responsible for the murder, and that he had been
told by the police that he was no longer a suspect, the newspaper was still
entitled to publish its view that this line of inquiry had not been properly
investigated. It had not given the significantly misleading impression that the
complainant was guilty of the murder. There was no failure to take care over
the accuracy of the articles in breach of Clause 1.
14. Any reasonable expectation of privacy the complainant
may have had regarding the information he had given during voluntary police interview
was outweighed by the public interest in reporting that a key line of enquiry
in the murder investigation may not have been followed. The publication of this
information sought to advance the police investigation into a historic murder
enquiry. There was no breach of Clause 2 on this point.
15. The published photograph of the complainant had shown
his face; he was not engaged in a private activity at the time it was taken. It
had not disclosed private information about him in breach of Clause 2.
Conclusion
16. The complaint was not upheld.
Remedial action required
N/A
Date complaint received: 30/01/2017
Date decision issued: 31/07/2017