Call for public inquiry into Kevin's death
THE family of Kevin McLeod, the young Wick man whose body was found in the town's harbour 22 years ago, have called for a public inquiry into his death.
Kevin's parents and uncle made the plea after the Crown Office told them it may be "prudent" to hold a second fatal accident inquiry (FAI) as new evidence – not available at the first inquiry in 1998 – had come to light.
Deputy Crown agent Lindsey Miller said legislation regarding FAIs had been revised in 2016 and came into force the following year. It allows the Lord Advocate – Scotland's senior law officer – to consider "further proceedings" if there is new evidence on the circumstances of a death or if it is in the public interest to do so.
Ms Miller said: "Evidence which was not available, and could not reasonably have been made available, at the original inquiry into the death and further proceedings can take one of two forms, either the reopening and continuation of the original inquiry, or a completely new inquiry being held into a death which was the subject of the original inquiry. I have indicated that I think it would be prudent for officers to consider this possibility as part of the review."
In June, Police Scotland asked Merseyside Police to undertake an independent review under the direction if the Crown Office. It will look at the investigation carried out by then then Northern Constabulary and enquiries undertaken by Police Scotland since 2013.
Although the McLeod family – parents June and Hugh and uncle Allan – welcomed the latest development, they would prefer a public inquiry to look at the circumstances of the 24-year-old electrician's death.
Speaking on behalf of the family, Allan McLeod said: "We are encouraged after being informed that any new evidence which was not available at the time of any original fatal accident inquiry can now possibly proceed to a completely new FAI.
"There is indeed crucial new evidence that was not available or presented to the sheriff at the time of the original FAI in 1998 which must now clearly merit a fresh inquiry. The significant evidence... was that the then local procurator fiscal, Alasdair MacDonald, had instructed police to investigate Kevin’s death as murder, and that police had ignored and failed to act on this instruction.
"The fiscal had issued this specific instruction to police after being informed by the pathologist that Kevin’s massive internal injuries were suspicious and possibly consistent with a kicking received several hours before death. The 1998 FAI, we believe, was a whitewash."
The family believes Kevin was murdered but the police insist his death was a tragic accident.
The McLeods only discovered in 2007 that the local prosecutor had instructed police to investigate Kevin’s death as murder. In 2017, Police Scotland’s then acting Chief Constable Iain Livingstone met with the family and admitted Northern Constabulary had received the fiscal's instruction but had failed to act on it.
"We believe a public inquiry, not another fatal accident inquiry, would be more appropriate to finally expose at what stage did those in public office and agencies involved know what and when. Fatal accident inquiries, we believe, are not fit for purpose," Mr McLeod said.