John O'Groat Journal  and Caithness Courier
11 March, 2010
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By Iain Grant
Published:  05 March, 2008

CAITHNESS, Sutherland and Easter Ross MP John Thurso is calling on Lord Advocate Elish Angiolini to authorise a fresh probe into the suspicious death of Kevin McLeod.

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He claims the move is justified in the public interest and to ensure that justice is served for Kevin's family.

The Lib Dem MP's appeal to Ms Angiolini comes after Northern Constabulary's Chief Constable Ian Latimer ruled out a cold-case review into Kevin's sudden death at Wick harbour in February 1997.

Acknowledged mistakes made by police in the aftermath of the tragedy have hindered subsequent efforts to discover whether the 24-year-old was the victim of foul play.

His parents, June and Hugh McLeod, and uncle Allan McLeod remain convinced that Kevin ended up in the harbour shortly after being savagely beaten up at the end of a night out in his home town.

Mr Latimer maintains that a new investigation by an outside force would not serve any purpose in the absence of fresh information which has not already been acted upon.

It is believed a new probe would cost several hundred thousand pounds.

John Thurso said yesterday: "I think that bringing this matter to a conclusion one way or another is in the public interest and would ensure justice is done for the family."

In his letter to the Lord Advocate, he lists "a catalogue of mistakes" made by officers investigating the death.

"These included a failure to undertake a full area canvass, the destruction of forensic evidence, and procedural errors. It would seem that the initial investigating officers had come to the conclusion that the death was accidental.

"It was not until much later, and after considerable pressure from the family, that the likelihood of suspicious circumstances was taken seriously."

John Thurso notes that the family went on to become aware of discrepancies between police actions and accepted standards of investigation. Their battery of complaints against the force was mishandled, as has been borne out in reports carried out by Chief Constable Andrew Cameron of Central Scotland Police and the Scottish Police Complaints Commissioner Jim Martin.

John Thurso says: "The Cameron report contained a number of serious criticisms both of the investigation and of the way the family had been treated. Mr Martin was also highly critical of the manner in which the police had dealt with the family."

The family have recently received unreserved apologies from both Mr Latimer and the Northern Joint Police Board.

The MP says the outstanding issue for the family is their request to have the evidence reviewed by a senior officer from another force. "They want this so they might finally be assured that all lines of investigation had been exhausted or, if not, further action suggested," he states.

John Thurso understands that in ruling out a cold-case review Mr Latimer has acted on advice from the Crown Office.

The MP tells Ms Angiolini: "Given that these were the same Crown Officers who were responsible for the original investigation and who failed to ensure correct police action, you will, I am sure, understand that the family has no faith whatever in this advice."

John Thurso maintains that the family are entitled to a fresh probe.

He says: "They accept and are prepared for the fact that the review may not produce a new outcome. However, in the light of the travails they have been forced to endure, I feel the least we can do is now conclude this matter with an independent review in which they can have faith."

He believes it is also justified in the public interest. "Notwithstanding the excellent work undertaken by Mr Latimer to rectify deficiencies which predate his assumption of command, there is deep public unrest and suspicion surrounding the police handling of this matter."

John Thurso says policing in the UK is by consent. "When that trust is threatened," he warns, "it goes to the heart of our ability to police by consent. An independent review is required to demonstrate that the public can trust Crown and police officers and is therefore a matter of serious public interest."

Allan McLeod yesterday welcomed the MP's initiative. "We very much welcome his support and we're just hoping that Ms Angiolini will overturn Mr Latimer's decision," Mr McLeod said.

Meanwhile, the family have welcomed moves to prevent police officers being able to resign before they have to face current or pending disciplinary proceedings.

Justice secretary Kenny MacAskill has revealed that efforts are under way to update police conduct regulations to plug the loophole.

In a letter to John Thurso, he says recommended changes to the existing regime are shortly due to go before the Police Advisory Board for Scotland.

The MP took up the issue after being lobbied by the McLeods.

The family were appalled when Northern Constabulary's then deputy chief constable, Keith Cullen, left the force days after misconduct forms were served on him in February 2003. Mr Cullen was the officer in charge of directing the force's response to complaints made against it by the McLeods.

The family's campaign to prevent officers dodging disciplinary proceedings by resigning was supported in Mr Martin's report into their case.

Allan McLeod said yesterday: "We've said all along that officers shouldn't be allowed to retire with their reputations and pensions intact when they are facing disciplinary proceedings.

"They need to be held accountable for their actions and it's high time the regulations were overhauled to close the current loophole."

Mr McLeod added that three other senior officers involved in Kevin's case retired when they were facing misconduct proceedings.

iain-grant@ukf.net



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