GPMS Classification: NOT PROTECTIVELY MARKED
Mr Andy Muirhead/
Information Management Unit
Highlands & Islands Division
Old Perth Road
Inverness
IV2 3SY
Tel: 01463 720555 /
23 April 2013 Our Ref: 176/13
Dear Mr Muirhead
Thank you for your email of 31 March 2013 in which you ask for information under the Freedom of Information (Scotland) Act 2002
You have asked:
I am enquiring into obtaining the files into the death of Willie
MacRae, an SNP activist on April 7, 1985.
Could I have a copy of the evidence inventory, any photos of the
crash scene and witness statements please. Information on the
weapon reportedly used by MacRae to committ suicide and if possible
a photograph of said weapon.
In response:
Please find enclosed the following information relating to the death of Mr Willie MacRae;
Photographs of the accident site
Photographs of Mr MacRae's Pistol and bullets
Documents relating to the investigation including the vehicle report, analysis of the pistol and the synopsis of the incident.
Newspaper and other articles which we hold about this case but which are copyrighted.
Other files have not been disclosed as they are exempt information under the Freedom of Information (Scotland) Act 2002. The exemptions are:
Section 26 Prohibitions on Disclosure by or under an enactment (Subsection (a). The information relating to individuals is exempt under the Human Rights Act 1998 Article 8 - The right to respect for privacy.
Section 30 Prejudice to effective conduct of public affairs. Subsection (b)(i)(ii) and (c) - The release of the information gathered during the investigation would undermine confidence in the conduct of investigations and, in particular, it would be likely to inhibit substantially the free and frank provision of advice or the exchange of views for the purposes of deliberation, a fundamental purpose of such reports.
Section 34 Investigations by Scottish Public Authorities and proceedings arising out of such investigations. Subsection 1 - The disclosure would prejudice substantially the prevention or detection of crime. Subsection 3 - The Police must be able to protect the means of attaining confidential information to maintain the integrity of investigation of this nature.
Section 35 Law Enforcement. Subsection (1)(c) - The disclosure under this Act would, or would be likely to prejudice substantially:- the administration of justice.
Section 36 Confidentiality. Information is exempt information if its disclosure by the Authority so obtaining it to the public (otherwise than under this Act) would constitute a breach of confidence actionable by that person or any other person. The collection of information for this investigation was done in confidence from individuals.
Section 38 Personal Data. Subsection 1 - Information is exempt information if it constitutes:
1. Personal Data of which the applicant is the data subject
2..Personal Data and either of the conditions mentioned in sub-section (2) (the first condition) or that mentioned in sub-section (3)(the second condition) is satisfied.
Section 39 Health, safety and the environment, subsection (1). The information is exempt if it is "likely to, endanger the physical or mental health or safety of an individual." Due to the nature of this type of enquiry a frank exchange of information may occur between investigating officers and interviewees. If the content of this exchange were to be disclosed the physical or mental health of the individuals concerned could be endangered.
If you require any further clarification, please do not hesitate to contact me. However if you are not satisfied with the way in which your request has been dealt with, you are entitled, in the first instance, to request a review of the decision made by the Force. Should you wish to request such review, please write to me within 40 days of receiving this letter stating the reasons for your dissatisfaction. I will arrange for a senior officer, who has not been involved in my decision making process, to conduct a review as required by the Act. If, after having been informed of the review panel’s decision, you are still not satisfied, you are then entitled to apply to the Scottish Information Commissioner for a decision within 6 months of receipt of the outcome of the Internal Review. The contact details for the Scottish Information Commissioner are Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS, telephone 01334 464 610.
Yours sincerely
Andrene MacLeod
Senior Information Support Officer
GPMS Classification: NOT PROTECTIVELY MARKED