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Kevin's family awaiting outcome of probe into police complaints handling


By Alan Hendry

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The family of Wick man Kevin McLeod, whose body was found in Wick harbour more than 23 years ago, are awaiting the outcome of Dame Elish Angiolini's probe into the way complaints against the police are handled.

Kevin's parents Hugh and June, and his uncle Allan McLeod, have been told by Scotland's justice secretary Humza Yousaf that Dame Elish’s final report will form a key part of any proposed changes to legislation.

The family believe the 24-year-old electrician was murdered after a night out in Wick in February 1997, because of the injuries on his body, but the police claim his death was a tragic accident.

Officers from Merseyside Police are conducting an independent review of the case.

June, Hugh and Allan McLeod met Dame Elish, a former Lord Advocate, in Inverness last September as part of her review into police complaints handling, investigations and misconduct issues.

The McLeods wrote to Mr Yousaf as part of their campaign to prevent police officers retiring or resigning while under investigation.

Their bid to change the regulations began in 2003 after Northern Constabulary’s Deputy Chief Constable Keith Cullen resigned before a disciplinary hearing regarding his handling of the family's complaints.

In his reply to the family, Mr Yousaf stated: "I can only imagine how difficult this has all been and continues to be for you as a family.

"I know that Merseyside Police are in the process of conducting a review of all the evidence in your son’s case, and that they are expected to report later this year.

"I understand you are aware that the system of police complaints handling, investigations and misconduct issues in Scotland is currently the subject of an independent review being led by Dame Elish Angiolini, which has as its remit to assess and report on the effectiveness of the current law and practice, and to make recommendations to the Lord Advocate and to myself for improvements to ensure the system is fair, transparent, accountable and proportionate, in order to strengthen public confidence in policing in Scotland.

"Dame Elish published her preliminary report in June 2019 and in that report she discussed the issue you raise about police officers retiring while under investigation. She recommended that the Scottish Government should amend the relevant provisions at the earliest opportunity to put beyond doubt the definition of a ‘person serving with the police’ and in the body of that report she expresses support for giving PIRC [the Police Investigations and Review Commissioner] powers to undertake investigations into those who, at the time of an act or omission, were serving with the police. I am sympathetic to this proposal, and I note the legislative changes made in England and Wales in this area.

"Dame Elish’s final report is due to be published around the end of September, and I anticipate that it will set out an overall picture of her recommendations, enabling us to consider everything in the round and make decisions about changes to be implemented.

"I intend to use this as the basis on which to consider and plan for any proposed changes to legislation in a way which takes account of the full range of changes to be pursued."

The justice secretary added: "I cannot promise that a legislative process underpinning changes will be swift, but I can say that I recognise the issues you raise about officers retiring before investigations are concluded, and that I am keen to take whatever steps are sensible and proportionate in ensuring that the entire complaints and investigations system works as well, and as fairly, as it possibly can."

The McLeods have been told that the Scottish Parliament's Justice Sub-Committee on Policing is due to take evidence from Dame Elish on December 10.

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