EXCLUSIVE | WATCH: Police apology to grieving Wick parents

MFR News can exclusively reveal that Police Scotland's issued an official apology to the parents of Kevin Mcleod whose body was found in Wick Harbour almost 21-years-ago.

"An instruction was...given...to treat Kevin’s death as a murder...a matter which Northern Constabulary...failed to do" - DCC LIVINGSTONE

In May 1998 a Fatal Accident Inquiry (FAI) recorded an open verdict after the police at the time treated the 24-year-old's drowning as accidental, claiming the engaged electrician's internal injuries were the result of a fall, before getting into the water.

In a letter handed to is family today, Deputy Chief Constable (DCC) Iain Livingstone has written: 'I apologise unreservedly for the policing response which followed the death of your son Kevin in February 1997.

'It is unquestionable that since this tragic incident numerous investigations and enquiries 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 enquiries were never carried out and subsequently the opportunity to gather vital evidence missed.'

'During a recent comprehensive review of this case Police Scotland has come to conclusion that, because of the initial police investigation failures and based upon the evidence now available, we are unable to present any evidence which would clearly indicate the circumstances surrounding the cause of Kevin’s death either criminally or accidentally. It remains the case that Police Scotland are committed to considering any evidence which may come to light in the future.’

The dramatic U-turn in language comes after four-months of negotiations between representatives of the Mcleod family - including Caithness and Sutherland MSP Gail Ross - and DCC Livingstone, and those discussions have also been the subject of oversight of the constabulary's lawyers.

Our reporter Bryan Rutherford explained: "Previously both the legacy force and the new national force have insisted, and maintained for decades that, while officials were not disputing that an order was given by the Procurator Fiscal at the time, there was no record of that instruction.

"But other statements made by key people in Kevin's case - such as the Procurator Fiscal Alasdair MacDonald (now deceased), and pathologist Dr Rankin (now retired from NHS Highland) have cast significant doubt over the police handling of what remains an unexplained death; technically an active case."

In March 2007 PF MacDonald wrote to Kevin's relatives stating: 'On 10 February 1997 I was in court but received a message that Dr Rankin the pathologist required to contact me urgently.

'I spoke with her during an adjournment of the court about the middle of that day and she informed me that the preliminary findings at post-mortem revealed that the deceased had a "burst liver and internal bleeding, possibly consistent with a kicking received several hours before death"...I also informed Detective Sergeant Martin that this was now potentially a murder enquiry and should be treated as such, the phrase which I think I used was "the full works".'

Then in 2008 Dr Rankin confirmed in a letter to June and Hugh Mcleod - Kevin's parents - that she 'assumed that having reported to the Procurator Fiscal, the post-mortem finding of an internal injury to the abdomen, that the death would have been further investigated as a "suspicious death" at least until a satisfactory accidental explanation for the abdominal injury had been established and no evidence of an assault found.'

MFR News was the only media at Wick Town Hall where a meeting took place this morning between DCC Livingstone, and his Assistant Chief Constable Alan Speirs, Kevin's extended family, and their relatives.

Kevin's mum June told us: "I don't see why we should have to fight through lawyers for incompetence of the police.

"They destroyed Kevin's clothing. They've lost all that evidence. Why and how did they destroy Kevin's clothing?

"We shouldn't have to fight for compensation.

"Money is not everything. I need answers to why Kevin died that night with massive internal injuries. It's ludicrous what they said, that Kevin fell on an ornamental bollard.

"I can't even cry now. I've cried for 20-years, and I can't shed a tear. I don't know why, but I can't cry."

Today's Police Scotland letter potentially causes a headache for the Crown Office and Procurator Fiscal Service (COPFS) which is contradicted by the claims made by DCC Livingston 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.'

In a letter written to Mr and Mrs Mcleod in March this year, it's claimed: 'COPFS are satisfied that a full investigation into the circumstances of Kevin's death has taken place.'

"The wider public need clarity on this issue once and for all" - SHADOW JUSTICE SECRETARY LIAM KERR MSP

Speaking to MFR News about today's significant development in the family's campaign for answers, Hugh - Kevin's dad - said: "How can the Crown Office turn and say, before the police come out and say that, yes, a murder inquiry was never undertaken? How can the Crown Office turn and say that a full investigation was done? It's impossible.

"When the police never conducted a murder inquiry the Procurator Fiscal then should have said to the police: 'you haven't done what I instructed you to do, get back out there and do it.'

"The Crown is as much to blame as the police."

Shadow Justice Secretary, and Tory MSP Liam Kerr commented: "There's a clear contradiction in the letter from the Crown Office which says that it was satisfied that a full investigation took place, and clearly the two things cannot be true.

"This type of ambiguity just risks opening up old wounds, at a time when Police Scotland are trying to make amends for past failures.

"The wider public need clarity on this issue once and for all."

A spokesperson for the Crown Office said in a statement: 'The circumstances of the death of Kevin McLeod were investigated by the Procurator Fiscal and, following a report to Crown Office, a Fatal Accident Inquiry was held.

'The Sheriff issued his determination on 3 December 1998.

'Should any new evidence be brought to the attention of the Procurator Fiscal, this will be fully considered and the appropriate action taken.

A 2002 report written by Central Scotland Police Constable Andrew Cameron, who examined Northern Constabulary's handling of complaints against the police made by members of the Mcleod family, commented on pages 193 and 194: '...an assurance was given to Northern Constabulary officers that misconduct action against them was not envisaged...This assurance resulted in the majority of interviews with police officers proceeding on an open and apparently frank basis.

'Throughout the extensive and detailed interview process and the examination of a huge raft of correspondence, a number of issues arose which gave rise to consideration of the conduct of various officers below the rank of Chief Officer and which inferred potential misconduct. These are as follows: handwritten annotation: Following paragraphs removed up to p201.'

MFR News reporter Bryan Rutherford explained: "A total of seven pages have been removed from the heavily redacted copy of the Cameron Report given to the family after a five-year-long fight to get hold of it, and that was only after intervention from the Information Commissioner."

Hugh Mcleod added: "The part that's in it about the alleged misconduct by officers, when Police Scotland took over, they should have looked at it, and done something about it. They shouldn't be able to just away from it. They should be accountable."

In an exclusive sit-down with the DCC, our reporter asked him: "Are you aware in that report whether you inherited officers from Northern Constabulary who were named in those sections that talk about misconduct, and if you are aware, are you aware of any action that was taken against those individuals, and if it wasn't, why wasn't it?"

Mr Livingstone replied: "All these matters I will consider, and I will share, as far as I can, as much information with the Mcleod family, and I've given that undertaking to them when I met them."

THE FULL LETTER FROM DCC LIVINGSTONE TO KEVIN'S PARENTS:

'Dear Mr and Mrs McLeod

Thank you for contacting me through your local MSP Gail Ross in recent months and providing me with the opportunity to apologise to you in person. This letter is intended to give you written confirmation of our earlier meeting.

On behalf of the Chief Constable of Police Scotland and the institution of policing which has sought to serve your local community over the last 20 years and more, I apologise unreservedly for the policing response which followed the death of your son Kevin in February 1997.

The tragic events leading to the recovery of your son from Wick Harbour on the morning of 9 February 1997 has led to a 20 year search for answers for you and your family. I can only imagine the trauma and pain that you have suffered and I want to record my admiration for the determination and the strength that you and your wider family have shown in seeking those answers.

It is unquestionable that since this tragic incident numerous investigations and enquiries 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 enquiries were never carried out and subsequently the opportunity to gather vital evidence missed.

I am further disappointed that your subsequent complaints were treated in a dismissive and unjustified manner and often ignored in the years which followed Kevin’s death. Policing services undoubtedly failed you and there was a very apparent failure on the part of the legacy Force to accept those findings. It was only through determined efforts that the Chief Constable’s enquiry in 2002 and subsequent interventions by both the Scottish Information Commissioner and Police Complaints Commissioner for Scotland in 2007 led to a number of those failings being identified.

During a recent comprehensive review of this case Police Scotland has come to conclusion that, because of the initial police investigation failures and based upon the evidence now available, we are unable to present any evidence which would clearly indicate the circumstances surrounding the cause of Kevin’s death either criminally or accidentally. It remains the case that Police Scotland are committed to considering any evidence which may come to light in the future.’

I fully understand that such a conclusion must be difficult for you and your family to accept and on behalf of the policing service I regret the pain and anguish that this has caused over such a long period of time.

I hope that this unreserved apology may go some way to bring some form of closure to you and your family and once again on behalf of Police Scotland I apologise unreservedly for the past failings of the police services in Scotland.

Yours sincerely

Iain Livingstone

Deputy Chief Constable (Designate)'

• #KevinMcLeod