Reports from inside the media have revealed the matter became the subject of protracted requests to the Daily Mail newspaper from Police Scotland’s media unit – which includes a Communications officer identified as Chris Starr.
The dispute arose after a mistake was identified in the paper’s published transcript of a television interview asking Iain Livingstone about how he dealt with five allegations of serious sexual assault from a female colleague.
The mistake amounted to one word – “all” .. which should have read from interview as “wrong”.
However, questions have arisen as to why Police Scotland’s media unit hare being used to target the media over the wording of a transcript – a task which should have been allocated to a law firm.
And, while cops have taken issue with reporting of the sexual assault allegations against Scotland’s new Chief Constable, Police Scotland and the Scottish Police Authority continue to resist full disclosure and publication of the full details of the FIVE allegations of sexual assault made against Iain Livingstone by a female officer who has since left the force.
Livingstone was recently confirmed as Scotland’s new Chief Constable after a gruesome sequence of suspensions of colleagues, a damning report on how Scots Police spied on journalists and whistle-blowers, and the Ministerial backed ousting of former Chief Constable Phil Gormley.
During the BBC Scotland Investigates documentary “A Force In Crisis” - investigative journalist Sam Poling asked Mr Livingstone about the 'allegations of sexual assault' and about him being 'bumped down from superintendent to constable and suspended'.
Mr Livingstone said: “There was a set of circumstances in 2000 whereby at a social event at Tulliallan, at a training event I had too much to drink.
I fell asleep in the wrong place and that was “wrong” and I shouldn't have done that, and clearly I accept that.
I was suspended, I spent time off work. There was a hearing convened where I did accept I fell asleep.
I was cleared of any sexual impropriety.
I was cleared of any level of sexual intent and at that hearing, initially, I was then demoted from superintendent to constable.
I immediately appealed against that and I was reinstated.
I came back to work, I accepted that I made a mistake, I accepted I had learned from it and since that time I have continued to conduct my duties with absolute rigour and professionalism.”
Asked whether he could be the 'strong professional leader with integrity' that the public want as chief constable, Iain Livingstone said: “I think I could discharge the responsibilities of the job. 'One of my main strengths, I think, is the ability to work collectively and to work in a collegiate manner.”
“I do think I could do the job, I just need to be quite clear in my own mind that that's what I want to do for the next three to five years.”
Mr Livingstone was suspended in 2003 after a female officer said she was sexually assaulted at Tulliallan, Scotland's police training college.
At the time he was 36, a father of three, and held a post in Her Majesty's Inspectorate of Constabulary, which used to oversee regional police forces.
There were no legal proceedings - although Mr Livingstone was demoted from superintendent to constable in 2004 following a disciplinary hearing.
Five allegations of serious sexual assault were dismissed but, at an internal misconduct hearing, he admitted being in the woman's room overnight after falling asleep.
The hearing, chaired by the then assistant chief constable of Strathclyde Police, found there had been no sexual impropriety or intent.
The woman, who had been on the accelerated promotion scheme for graduates, was reported to have left the scheme, which guarantees fast-track promotion.
A statement to the Press issued by a Police Scotland media representative in May on the subject of the BBC Scotland interview stated: “This matter was subject to due process by Lothian and Borders Police and was formally concluded under police regulations 14 years ago.”
“A hearing concluded that there was no sexual impropriety or intent on Mr Livingstone's part and he has nothing further to add.”
TIMELINE OF SEXUAL ASSAULT ALLEGATIONS AGAINST TOP COP:
FEBRUARY 2003: Iain Livingstone, then 36, is suspended amid sexual assault claims and admits he is 'shattered'.
AUGUST 2003: Prosecutors drop proceedings against Mr Livingstone - but he faces internal disciplinary proceedings.
JUNE 2004: Mr Livingstone is demoted from the rank of superintendent to constable, which means a loss of more than £1million in salary and pension payments.
AUGUST 2004: Tayside's Chief Constable John Vine upholds Mr Livingstone's appeal and reinstates him, agreeing that the original decision was 'harsh'.
OCTOBER 2015: Now Deputy Chief Constable of Police Scotland, Mr Livingstone emerges as a candidate for the top job after Sir Stephen House quits.
DECEMBER 2015: Former Norfolk Constabulary Chief Constable Phil Gormley is named as the new boss of Police Scotland.
JULY 2017: Mr Livingstone announces his retirement, saying it was a 'privilege to serve the people of Scotland'.
SEPTEMBER 2017: Amid the bullying row engulfing Mr Gormley, Mr Livingstone cancels his retirement plan and takes charge of the single force.
APRIL 2018: Front runner to become the new full time chief, Mr Livingstone is confronted about his conduct in a BBC Scotland TV documentary.
Journalist Sam Poling questioned Iain Livingstone during the BBC Scotland documentary, A Force in Crisis, which aired on Monday 30 April 2018.
The transcript of the interview between Sam Poling & then Deputy Chief Constable Iain Livingstone (now promoted to Chief Constable) reads as follows:
SAM POLING: What about your background?
DCC IAIN LIVINGSTONE: My background as a police officer?
SAM POLING: The allegations of sexual assault. You ended up admitting misconduct, staying in the room of a junior officer.
You were bumped down from superintendent to constable and suspended. Am I right?
DCC IAIN LIVINGSTONE: No, not on that, no you're not right.
SAM POLING: You weren't taken down from superintendent to constable?
DCC IAIN LIVINGSTONE: No, I wasn't taken down from superintendent to constable and then suspended.
There was a set of circumstances in 2000 whereby at a social event at Tulliallan, at a training event, I had too much to drink.
I fell asleep in the wrong place and that was wrong and I shouldn't have done that, and clearly I accept that.
I was suspended, I spent time off work. There was a hearing convened, where I did accept I fell asleep.
I was cleared of any sexual impropriety. I was cleared of any level of sexual intent and at that hearing, initially, I was then demoted from superintendent to constable.
I immediately appealed against that and I was reinstated.
I came back to work, I accepted that I made a mistake, I accepted I had learned from it and since that time I have continued to conduct my duties with absolute rigour and professionalism.
SAM POLING: The public want a strong professional leader with integrity in their chief constable. Is that you?
DCC IAIN LIVINGSTONE: I think I could discharge the responsibilities of the job. One of my main strengths, I think, is the ability to work collectively and to work in a collegiate manner.
I do think I could do the job, I just need to be quite clear in my own mind that that's what I want to do for the next three to five years.
SEXUAL ASSAULT ALLEGATIONS AGAINST TOP COP TO REMAIN SECRET:
A statement from Police Scotland in response to the Freedom of Information request refused any form of disclosure or acknowledgement of the status of any files held by Scotland’s single national Police service read as follows:
“Police Scotland endeavors to provide information whenever possible. However, under section 18(1) of the Act, a public authority may refuse a request where:
• if the information existed and was held by the authority, it would be exempt from release under any of Sections 28 to 35, 38, 39(1) or 41 of the Act; and
• the authority considers that to reveal whether the information exists, or is held by it, would be contrary to the public interest.
In this instance, it is considered that to reveal whether the information you have requested exists, or is held by Police Scotland, would be both exempt from release under the Act and contrary to the public interest. There is a strong public interest in protecting individuals' privacy, and personal information is exempt from release into the public domain under section 38 of the Act if it would be unfair, unlawful or otherwise breach the Data Protection Act.
For these reasons, Police Scotland must refuse your request under section 18(1) of the Act.
This notice should not be taken as conclusive evidence that the information you have requested exists or is held.”
Material in relation to new complaints made against DCC Iain Livingstone was sought from the Scottish Police Authority in February of this year, after information was received with regards to further serious complaints made against Police Scotland’s current ‘interim’ Chief Constable.
However, the Scottish Police Authority under Susan Deacon deliberately delayed releasing their response to the Freedom of Information request – by a number of months, as members of the Scottish Police Federation and Scottish Government ministers bolstered DCC Livingstone’s position as front runner for the top job – despite the grim details of a case involving 5 allegations of serious sexual assault which were dismissed by a tribunal composed of Livingstone’s male cop colleagues.
The Scottish Police Authority were asked to provide details of :
-
The numbers of complaints, subject of complaints, and identities (not name, but by rank, status as Police Officer, civilian employee, member of the public or other)
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Who have made complaints (and the numbers of complaints) against current DCC Iain Livingstone from 1 April 2013 to the date of this FOI request
-
The status, and outcomes of these complaints.
However, and some time after discussions over the Freedom of Information request had taken place, inside & outside the SPA - the Scottish Police Authority responded to the FOI request four months late, in early June - denying access to all of the information sought in relation to DCC Livingstone.
The Scottish Police Authority stated in it’s letter of response, dated 8 June 201:
The SPA considers that this request constitutes personal data of a third party and is, therefore, exempt in terms of Section 38 (1)(b) of the Freedom of Information (Scotland) Act 2002.
Furthermore this information is exempt under Section 34 (3)(a) of the Freedom of Information (Scotland) Act 2002 - Investigations by Scottish public authorities and proceedings arising out of such investigations.
Both are absolute exemptions and as such no public interest test has been applied.
A request for review has been lodged, and material also sent to the Scottish Information Commissioner with regards to the SPA’s refusal to disclose the information.
The Scottish Police Authority’s eagerness to conceal information in relation to a senior Police Officer - who has been previously accused of 5 allegations of serious sexual assault, and has faced further complaints including an ‘interaction’ with another officer - raises questions about the impartiality of the recruitment round to appoint a new Chief Constable to Scotland’s crisis hit single Police service.
With reference to the five allegations of serious sexual assault, Iain Livingstone was cleared of sexual impropriety or intent – by a tribunal headed by a male top cop colleague – Assistant Chief Constable John McLean of Strathclyde Police.
The former lawyer and Raith Rovers footballer had been suspended for 17 months after the WPC claimed she had been sexually assaulted during the party.
A qualified lawyer and member of the Law society of Scotland, Mr Livingstone switched careers in 1992, joining Lothian and Borders Police.
In just 10 years, Livingstone – who had also once played for Raith Rovers - had clearly been fast tracked, reaching the rank of superintendent.
At the time of the allegations and ‘internal’ investigation by his Police colleagues, Livingstone was not prosecuted by the Crown Office over the claims.
Instead, Livingstone admitted a less serious allegation about being in the woman's room overnight and falling asleep.
It should be noted that during the time of the investigation & tribunal, handled by Police, the Lord Advocate was Colin Boyd, Baron Boyd of Duncansby – now a judge in the Court of Session, and the Solicitor General was Elish Angiolini – recently appointed by Nicola Sturgeon a Scottish Minister to investigate how complaints are handled against Police in Scotland – reported here: PROBE CONFLICT: £604K public cash inquiry magnate Ex Lord Advocate appointed to investigate Police complaints – linked to lawyers representing cops facing complaints
A full report on Police Scotland’s refusal to release the details of allegations against Iain Livingstone can be found in an earlier article here: TOP COP SECRETS: Transparency lacking at Police Scotland as spy scandal cops refuse to disclose files on complaints & historical sexual assault case details involving Deputy Chief Constable Iain Livingstone
A report on the Scottish Police Authority’s refusal to release information in connection with the allegations of sexual assault against Iain Livingstone can be found here: THE COP FACTOR: Scottish Police Authority refuse to release documents on sex assault case top cop who wants to be Chief Constable - now, new info said to contain more complaints & references to ‘interaction with another officer’
