Ten police officers in Scotland have lost a legal battle to prevent disciplinary action over allegedly racist, antisemitic, and sexist WhatsApp messages. The Court of Session in Edinburgh rejected their appeal on Wednesday, ruling that Police Scotland can proceed with misconduct proceedings.
The messages were discovered during an investigation into another officer's alleged sexual misconduct. They included an antisemitic joke, sharing of crime scene images from live investigations, and other offensive content. The private groups were named 'Quality Polis' and 'PC Piggies'.
The officers argued that their right to privacy under Article 8 of the European Convention on Human Rights had been breached. However, the court found that the duty to uphold public confidence in the police outweighed their privacy rights. Lord Bannatyne had earlier ruled that the messages could undermine public trust and risk public safety.
Lady Dorrian, the Lord Justice Clerk, stated that a reasonable person would find the messages sexist, degrading, racist, antisemitic, homophobic, and mocking of disability. She noted the messages showed a flagrant disregard for police procedures by posting crime scene photos.
The officers, from various divisions across Scotland, are not named for legal reasons. They had sworn an oath to act with fairness, integrity, and impartiality. The court's decision allows Police Scotland to continue disciplinary proceedings against all ten.
