A JOURNALIST who uncovered alleged flaws in a police investigation into the unsolved murder of a woman killed in South Lanarkshire 10 years ago was told he was spied on by police without any judicial approval being sought.

The allegation made by BBC journalist Eamon O’Connor will raise fresh concerns over claims that the national force breached rules by obtaining communications data without first going through the courts.

A recent report from the Interception of Communications Commissioner’s Office (IOCCO) revealed that two UK forces have breached a new code of conduct, which came into force in March. Police Scotland has refused to confirm reports that it is one of the organisations.

O’Connor appeared on the BBC’s Scotland 2015 programme to explain his belief that he may have been put under surveillance after looking into what went wrong with the original investigation into the murder of Emma Caldwell, below, a 27-year-old heroin addict who had been working as a prostitute. She was discovered dead in woods near Biggar in May 2005.

Two weeks ago O’Connor gave a witness statement to the team that are reinvestigating and later was contacted by a source who wanted to speak to him using an encrypted phone. He believes after his reports on the investigation on BBC File on Four investigation into the police inquiry transmitted in May on Radio 4, the Lord Advocate gave instructions to Police Scotland to reinvestigate the case.

The source told him that he had been told by a senior Police Scotland figure that reporters had been monitored by the Counter Corruption Unit and that it was believed he had been one of those targeted.

Police should get the approval of a judge before using the Regulation of Investigatory Powers Act to identify a journalist’s sources.

He says he has asked Police Scotland to confirm or deny if he had been under surveillance but they refused to comment.

The File on Four investigation revealed that a local suspect was dropped in favour of prosecuting four Turkish men.

The programme revealed that officers who wanted to charge the local man, one of Emma’s clients, were stopped by senior detectives investigating the Turkish suspects.

One of the Turkish men, who was charged with murdering Ms Caldwell, was awarded an out-of-court settlement after suing police for wrongful arrest.

Ms Caldwell was last seen alive in the Govanhill area of Glasgow in April 2005. Her family said she turned to drugs, then prostitution to feed her habit, following the death of her sister.

A Police Scotland source said it would not comment on such matters (relating to the IOCCO issue) in respect of any individual.

The revelations came after Labour lodged a motion at the Scottish Parliament demanding “full transparency from the Scottish Government about what exactly it knows regarding the allegations about spying on journalists and their sources”.

Scottish Labour justice spokesman Hugh Henry said Police Scotland “owe it the public to come clean”.

The police spying allegations were revealed in our sister newspaper the Sunday Herald earlier this week.

The National View: You don’t have to love the BBC to be concerned at police spying on journalists