WATCH: Crown Office blocks release of secretive report into Highland harbour death

Kevin Mcleod's parents were due to get less censored Cameron Report today.

Author: Bryan RutherfordPublished 18th May 2018
Last updated 6th Feb 2020

The Crown Office is holding up the release of a secretive report into the unexplained 1997 Wick Harbour drowning of Kevin Mcleod.

MFR News can exclusively reveal that Police Scotland were due to hand-deliver a less censored copy of the 2002 Cameron Report to Kevin Mcleod's mum and dad 'by the end of this week,' according to a letter to the family from Assistant Chief Constable Alan Speirs.

In that letter the ACC said: '...it was always my intention to ensure that the amount of redactions to the report were kept to a minimum.'

But June and Hugh Mcleod were telephoned by Temporary Superintendent Derek Hiley from the Professional Standards Department this morning, who claimed the heavily blacked-out report's release is being put on hold.

The phone call was followed up by an email to Kevin's loved ones which stated: '...given there are currently live investigations ongoing, the Crown Office and Procurator Fiscal Service have directed us not to share the report until they first have had time to review its content.

'I understand this is a matter of due process as they want to ensure that by providing the content nothing potentially jeopardises the ongoing investigation.

'They are unable to provide a timescale, but rest assured as soon as we are in a position to update you, we will be in contact.'

"As this is a live review there is an obligation on all parties, including the Police Service of Scotland, to ensure that any material that is disclosed does not have the potential to prejudice any future course of action" - CROWN OFFICE SPOKESPERSON

An experienced prosecutor from the Crown Office Criminal Allegations Against the Police Division is currently reviewing Northern Constabulary's botched initial investigation into the 24-year-old's massive internal injuries and Highland harbour drowning.

The case remains unsolved after the legacy force ignored an instruction from the procurator fiscal at the time to launch a potential murder inquiry.

The Cameron Report was written in 2002 but it was only in 2007 when the Mcleods received a redacted copy after a five year long fight with the system, which ended with the helpful intervention of the Information Commissioner.

Among the sections missing from the family's copy are seven pages which list 'potential misconduct' by individual officers who handled the failed investigation into Kevin's death, or the resulting complaints from the deceased's loved ones.

At the time of Central Police Chief Constable Andrew Cameron's independent review, officers were told that they would not get into trouble if they admitted to any alleged wrongdoing.

On pages 193 and 194 of his report, Mr Cameron commented: '...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.

At the moment Major Crime detectives from Police Scotland are carrying out a fresh probe following new allegations made by a new witness who came forward in January, who claimed he saw the final moments of Kevin's life.

Since then, Specialist Crime Division officers have told MFR News that's led to 'new information' and the need to question 15-'potential witnesses.'

Earlier MFR broke the news of this latest development about the withholding of the Cameron Report from the family, and Kevin's uncle Allan told us: "The Crown have instructed them Police Scotland not to release the report to the family.

"Ok, it may prejudice proceedings, but is the Crown and Police Scotland not working hand in hand?

"Just two days ago we got this letter from the Assistant Chief Constable telling us that we'll be getting this report by the end of the week, and then they tell us today that we're not getting it - under the Crown's direction not to release it to the family.

"The author of that report 2002 Cameron Report assured the officers at the beginning of his review that there would be no misconduct matters held against them.

"That's as if to say, ok lads, you didn't do a murder investigation, that's ok, don't worry about it, nothing will happen to you.

"We had sleepless nights for the last two nights, just thinking, what is going to be in this report, and then to be told that we're not getting the report, is really disappointing."

WHAT IS THE CAMERON REPORT?

ACC Speirs told our newsroom: "Police Scotland committed to reviewing the redactions in the original Cameron report and consider if we could provide the family with a version with fewer redactions.

"That work has been completed and we have a new version which we intend to give them, however, the Crown Office and Procurator Fiscal Service has asked to see this version first."

A Crown Office spokesperson added: "The Lord Advocate has instructed the Criminal Allegations Against the Police Division (CAAP-D) of COPFS to independently review the investigation carried out following the death of Kevin McLeod in February 1997, with a view to considering whether or not any further enquiries would be appropriate.