A GRIEVING father, whose son died mysteriously while on holiday in Spain, has had his hopes of a police murder investigation dashed.
Harry Lindsay, 64, was left devastated after a Spanish judge performed a U-turn, having previously promised to send police to Scotland to start gathering evidence.
The family is appealing and justice secretary Kenny Mac-Askill has written to Spanish consul-general Miguel Utray Delgado on their behalf.
However, Mr Lindsay fears the cost of an ongoing legal battle with the Spanish authorities will be crippling.
His son Christopher, 34, a father-of-one from Edinburgh, had been on holiday with work colleagues in Malaga, in October 2011.
He was found in the early hours of the morning, battered and barely conscious, and with his wallet and passport stolen. His father and brother Tony rushed out to see him in hospital, but he died a few days later.
Harry Lindsay said: “We’re very disappointed in the Spanish justice system. We were told this was going ahead, that they were coming to Scotland to interview the lads who were with him on the holiday.
“We were delighted because we thought we had achieved our goal and everything would be all right. Then we got a phone call. They’ve done a U-turn and they’re no longer investigating.
“They say there’s not enough evidence. But there was enough evidence before and they haven’t said what has changed. We’re appealing, but for us to go ahead with this appeal it is going to cost us thousands of pounds in legal fees.”
In particular, the family want police to interview a male nurse at the hospital, who spoke to Mr Lindsay when he briefly woke up and said he had been assaulted. “He told him that he had been attacked,” Mr Lindsay said. “He [the nurse] passed that information on. So I don’t know how they’ve come to the conclusion that there’s not enough
“As far as I’m aware, the police have not spoken to the nurse.”
In his letter, Mr MacAskill wrote: The family was concerned ... about how the case was handled and still has a number of unanswered questions about the case and the processes followed. I would be grateful for any advice or support you could offer the family about who they might approach to deal with their ongoing concerns or any other action they could take.”
Since Mr Lindsay’s death, the family have received help from Victim Support Scotland.
Mr Lindsay Snr spoke at a committee of MEPs in Brussels as part of their campaign to create a minimum standard of support for victims of crime across Europe, which was passed by the European Parliament last year.
Victim Support Scotland also helped him with the costs of travelling to Spain to take part in a BBC documentary which aired on the first anniversary of his son’s death last September.
“Without the support of the victims’ fund, that documentary would not have been made and I am certain there would still not be an investigation,” he said.
“Irrespective of the outcome of that investigation, we will be forever grateful to Victim Support Scotland for their continuing support.”