Family urges Lord Advocate to probe '˜sinister' policing in 1997 case

The family of a man who died more than 20 years ago have called for an independent inquiry into why police ignored a direction from prosecutors to investigate the death as a murder.

Kevin McLeod

The body of Kevin Mcleod, 24, was recovered from Wick harbour on February 9, 1997, with the death treated as accidental.

It follows an “unreserved apology” made by Police Scotland in December for “serious failings” in the initial investigation by Northern Constabulary which meant the opportunity to gather vital evidence was missed. Mr Mcleod, an electrician, was last seen in the early hours as he enjoyed a night out with friends.

His family said he had massive internal injuries consistent with being kicked several hours prior to his drowning.

They also claim Mr Mcleod’s clothing was destroyed by Northern Constabulary without being forensically examined.

Allan Mcleod, Kevin’s uncle, said: “It’s so hard to comprehend – why would the police ignore a specific instruction from the procurator fiscal? It’s all very sinister.

“We’ve been fighting for 21 years now and we’re determined we won’t stop until we bring Kevin’s killer to justice.”

In a letter sent to the family last year, Deputy Chief Constable Iain Livingstone wrote: “It is unquestionable that since this tragic incident numerous investigations and inquiries have substantiated your belief that there were serious and numerous failings on the part of Northern Constabulary in both the initial and subsequent investigations.

“It is Police Scotland’s unequivocal position that we fully accept that an instruction was indeed given by the then procurator fiscal to treat Kevin’s death as a murder and to investigate it accordingly, a matter which Northern Constabulary at that time failed to do. There is no doubt that basic policing procedures at this time such as door-to-door inquiries were never carried out and subsequently the opportunity to gather vital evidence missed.”

In a statement released yesterday, the family called on Lord Advocate James Wolffe to intervene in the case.

They said: “We call on those in power… to now intervene regarding this massive injustice; to either hold an independent public inquiry so that the whole truth be exposed or to invite an outside police force to investigate this gross dereliction of duty by police, by failing to act on the Crown’s specific direction to treat and investigate Kevin’s death as murder. Also, to address why it has taken nearly 21 years for police to finally apologise and admit to the family that Kevin’s death should have been investigated as murder but wasn’t.”

Police Scotland yesterday appealed to the local community in Wick to come forward with information about the case. Detective Superintendent James Smith, of Police Scotland’s major investigation team, said: “Kevin’s family have been left with a 21-year search for answers and I have nothing but the highest admiration for the strength they continue to show.

“We are currently gathering and assessing information that has been brought to our attention recently. This a detailed and complex piece of work, to ensure all information is thoroughly explored.

“That work continues with experienced detectives from Police Scotland’s homicide governance and review department currently carrying out inquiries.”

He added: “I want to reassure Kevin’s family and the communities of Wick, and the surrounding area that Police Scotland is fully committed to thoroughly investigating any new evidence which may come to light.”

In 2007, the Police Complaints Commissioner for Scotland said Northern Constabulary had behaved with “institutional arrogance” in the way it handled complaints from the Mcleod family.

The chair of the Scottish Police Authority, Susan Deacon, wrote to Mr Mcleod’s parents, June and Hugh, to express her “sincere personal condolences” regarding his death. She acknowledged that they were “clearly let down by the policing response” but said the SPA could not invite an external force to investigate “as only the lord advocate and procurators fiscal have the power to instruct criminal investigations”.

A Crown Office spokesman said: “Should any new evidence be brought to the attention of the procurator fiscal, this will be fully considered and the appropriate action taken.”