POLICE Scotland’s trouble at the top continued yesterday after yet more investigators decided there was merit in making one of the suspended senior officers the subject of a formal misconduct investigation.
Assistant Chief Constable Bernard Higgins was suspended in November by the Scottish Police Authority (SPA) after “a number of criminal and misconduct allegations’’.
The Police Investigations & Review Commissioner (Pirc) has now confirmed after looking at the complaints that they merit investigation. The precise nature of the misconduct and gross misconduct allegations against the officer have not been disclosed.
In a statement from his lawyers, the Assistant Chief said he “strenuously denies any misconduct and is keen to resume his duties as soon as possible.”
The officer was served with a Notice of Investigation on Thursday.
A statement from the Pirc said: “The Commissioner assessed the various allegations and considers that some, if proved, would amount to gross misconduct and others, if proved, would amount to misconduct.
“The senior police officer was served with a Notice of Investigation on January 4, 2018 and informed that he is the subject of a misconduct investigation.
“Once the investigations are concluded, the Commissioner will submit a report about the criminal allegations to the COPFS and another in relation to the misconduct to the SPA.
“In the report provided to the SPA, there will be a summary of evidence and an opinion on whether the misconduct allegations should be referred to a misconduct hearing.”
The commissioner is already in the middle of an investigation into criminal allegations facing Superintendent Kirk Kinnell, Chief Inspector Bob Glass and Sergeant Cat Gibbons. While Chief Constable Phil Gormley is being investigated over three allegations of “bullying”.
The chief, who is currently on “gardening leave” denies the claims.
Yesterday it was confirmed that Gormley is threatening legal action against the government, with his lawyer claiming Scottish Government ministers unlawfully overturned a decision to let him return to work.
Gormley was told by the SPA in November that he could return to work, even though the Pirc had not finished investigations.
But, as he was driving from England back to work in Scotland, this decision was overturned, Gormley’s lawyer alleges, because of an intervention by Justice Secretary Michael Matheson.
Gormley is reserving his right to challenge that decision through judicial review.
Jackie Baillie, a Labour MSP and acting convener of the Public Audit Committee, who will be taking evidence from Gormley on the whole bourach engulfing Police Scotland, was astonished by the lawyer’s claims.
“Even more damning is the direct interference of the Secretary for Justice,” she said.
Baillie added: “The SPA was set up to ensure that decisions about policing were kept at arm’s length from ministers, but that has been recklessly trampled over.”
Alex Neil, an SNP MSP and committee member, confirmed that the Chief Constable would be called to give evidence to the committee.
He said: “Mr Gormley is being invited to give evidence because it’s vital we get to the bottom of what happened and find out who blocked his return and why.”
A government spokesman said: “Decisions about senior staff and about retirement payments are for the Scottish Police Authority to make and the Scottish Government’s interest is in requiring assurance about a proper consideration of the issues.”
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here