A judge is to be investigated after being accused of aggressively grilling an expert witness explaining how a former police officer had been traumatised by her bosses.
Former officer Karen Harper had called for employment tribunal judge Mark Whitcombe to stand down from her case over the way he spoke to the witness, a clinical psychologist, and to her lawyer, claiming he was overly combative and dismissive.
Two years ago, she partly won a sex discrimination claim against Police Scotland when the tribunal ruled she was victimised by her boss, Sergeant Doug Bell, after she lodged a bullying complaint against him. At the time Harper complained about the judge’s attitude during the hearing – a complaint that was rejected – and last week he presided at a hearing to decide on her compensation.
She has now made a new complaint about the judge’s continued involvement in the case and his treatment of her witnesses and lawyer. President of the Employment Tribunal service Judge Susan Walker has refused to consider Harper’s original 2020 complaint but said she will investigate new concerns after Harper’s case has concluded.
In a letter to Harper, Walker said: “Once the hearing is concluded, I will investigate the complaint made against Judge Whitcombe.”
Harper was diagnosed with post-traumatic stress disorder (PTSD) but the national force rejected claims it was triggered by an inquiry launched by Professional Standards officers weeks after she complained about alleged bullying.
They began an inquiry after a neighbour complained about her after she allegedly shouted at a boy who was arguing with her son, then 10. The officers would spend months on the investigation, questioning nine of her neighbours and her ex-husband. Harper, however, was never asked about the alleged incident, which her bosses later described as “discreditable conduct”.
In a report to the tribunal, consultant clinical psychologist Mary Keenan Ross found Harper’s PTSD developed in 2015 as a result of her experience at work, after discovering an officer had asked her ex-husband “whether he wished to make a complaint against her”.
Ross reported Harper felt “the police were coming after me”. The consultant said the approach of Professional Standards “caused the beginnings of the onset of the symptoms of PTSD which became more intense and became established”.
She said Harper described feeling “powerless”. The specialist said: “Ms Harper stated she became increasingly concerned about the false allegations made against her and she believed she was at risk of further false allegations against her.”
She insisted: “I was increasingly aware of the social isolation and vulnerability as a consequence of the significant traumatic events and stressful situations which she (Harper) experienced during her employment with Police Scotland.”
Another specialist agreed Harper had been left with permanent psychological disablement and unfit to perform the normal duties of a police officer.
In his judgment two years ago, the judge upheld only one of Harper’s claims – that her sergeant had victimised her by passing information about her to a senior officer “in retaliation” – and rejected six others.
He decided it was coincidental the police investigation was launched just two weeks after the officer lodged bullying complaints. Bell was cleared of bullying by bosses.
Speaking before the judge hears evidence later this month, Harper said: “I believe I had no option but to lodge an official complaint to the head of the tribunal service.”
Scottish Conservative shadow community safety minister Russell Findlay said: “Having been bullied by a male supervisor, Karen Harper was forced from her career as a police officer and plunged into an arduous fight for justice. I share her concerns that her original complaint about this male judge was not investigated, and I’m surprised he continues to preside in this case.
“Karen Harper deserves closure. She can be proud of becoming a champion for women in Scottish policing by bravely speaking out about her ordeal and supporting others who suffered similar treatment.”
The Judicial Office said: “A complaint has been received and will be investigated. It would not be appropriate to comment further at this stage.”
Officer forced to quit claims ‘toxic culture’ is unchanged
© SYSTEMAn officer forced to quit after being sexually assaulted by a colleague says a “toxic boys’ club” culture at their station still exists.
Gemma MacRae has been told former colleagues are still calling her a liar and blames Police Scotland, insisting their refusal to immediately suspend PC Scott Gallop allowed him to “bad mouth her and continue lying about what he did”.
Gemma, 33, said: “I believe it is utterly unacceptable for Police Scotland to have left Gallop working on the frontline, dealing with vulnerable victims, despite knowing the serious allegations against him. What kind of message does that send about Police Scotland and their true attitude to misogyny?”
Last week Gallop, 54, who had been repeatedly warned by MacRae to stop touching her, was placed on the sex offender’s register for a year.
Gemma said that other incidents “still not been fully investigated and dealt with”.
She said: “A number of other victims of bullying came forward after I lodged my complaints, but senior officers repeatedly named in numerous allegations of bullying continue to supervise those who made complaints, leaving them exposed and fearful.
“Police Scotland have reassured the public they have dealt with it and that they will not tolerate such behaviour, but that is nothing more than spin as nothing has really changed.
“I know some of my former colleagues are still calling me a liar and blaming for what happened, despite Gallop being found guilty.”
Assistant Chief Constable Alan Speirs, executive lead for professionalism and assurance, said: “Scott Gallop’s conduct fell far below the high standards the public rightly expects of a police officer. It takes a great deal of courage to report sexual assault and I understand how much more challenging that must be when the offender is a police officer.”
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