Willie McRae Investigations

  At last, some more information is to be revealed .… but not much and not quite yet!  Paul Delamore, one of the co-authors of the recent Scotland on Sunday article on Willie’s death, has won his appeal to the Information Commissioner over Police Scotland’s refusal to release information requested under our Freedom of Information Act, FOISA (2002).  What did Delamore ask?  Only six questions! 1 At what time on the 6th April 1985 were the police notified of a gunshot wound? 2 And at what time on the 6th April 1985 were the family of Mr Macrae notified about his situation? 3 I see that there is a date (7th April 1985) for the photos of the gun in the request. Could I please also get a time on when these were taken? 4 Following on from this, could I also please get the time/date of when the photographs of the car in the request were taken? 5 Could I also get the time of when the car was removed from the locus on the 7th April 1985? 6 On what date/ti...

[originally posted 12 August 2015] In Part 33 I wrote about Paul Delamore’s victory in having the Scottish Information Commissioner decide that Police Scotland should release the information he had requested. My analysis was incomplete.  I had ignored a key part of the Freedom of Information (Scotland) Act 2002 – FOISA.  I hadn’t even read the relevant section.  I must also say that I didn’t recognise my omission: a friend had to point this out to me. The crucial part is Section 65 Basically this says that if an applicant is not given all the information to which he/she is entitled then, if the act is deliberate, the person responsible is guilty of a criminal offence.  The highlighted paragraph lists ways in which a person may prevent full release:  alters, defaces, blocks, erases, destroys or conceals The penalty for conviction?  A fine not exceeding £5000! Now how MIGHT this apply to Delamore’s case?  I am being very careful here.  I allege ...

[originally posted 15 August 2015] A few days ago, in Part 34 , I considered the possibility that public bodies might, in their handling of FOI requests, commit a criminal offence by deliberately not releasing all the relevant information to which the applicant is entitled. I have come across an example so apparently blatant a breach of the law that I am incredulous that no offence was committed. How can this be? Let me backtrack to my last post, In Part 33  I wrote about Paul Delamore’s victory in having the Scottish Information Commissioner decide that Police Scotland should release the information he had requested. My analysis was incomplete.  I had ignored a key part of the Freedom of Information (Scotland) Act 2002 – FOISA.  I hadn’t even read the relevant section.  I must also say that I didn’t recognise my omission: a friend had to point this out to me. The crucial part is Section 65 Basically this says that if an applicant is not given all the informat...