Police Chief accused of deceit in McLeod death inquiry call

There seems little willingness on the part of Northern Constabulary to give the McLeod family a fresh inquiry into the death of Kevin McLeod in Wick Harbour in February 1997.

There also seems little willingness on the part of Justice Secretary Kenny MacAskill to do anything about it, despite the obvious need for action ...

The JohnO'Groat's Journal reports :

Police chief deceived us, say McLeods

By Iain Grant

NORTHERN Constabulary's top officer is being accused of deceit over calls for a fresh investigation into the Kevin McLeod case.

Chief Constable Ian Latimer has ruled out a new probe into how Kevin met his death in Wick harbour in February 1997.

That followed a "clear-the-air" meeting before Christmas with Kevin's family, who are convinced he was savagely beaten up shortly before he went into the water.

The McLeods insist that the North's senior policeman then made it clear he would come to a decision after liaising with the Crown Office.

They are furious after establishing that no contact was made and that responsibility for any move to launch a so-called cold case review rests exclusively with the police force.

Kevin's uncle, Allan McLeod, said yesterday it is the latest in a series of blocks and knock-backs the family have had in their quest to find out what happened to Kevin, who was 24.

He said he and Kevin's parents, June and Hugh McLeod, have lost faith with the Scottish judicial process and are now keen to pursue a case with the European Court of Justice and the European Court of Human Rights.

Mr McLeod said Mr Latimer had assured both the family and local MP John Thurso at the meeting that he would consult with the Crown Office about the request for the new probe.

He said: "We are absolutely furious and disappointed but not surprised that the chief constable has again pulled the wool over the eyes of not only the family but also John Thurso. He's deceived us and given us false hope."

Mr McLeod said the family had gleaned from a Crown Office source that Mr Latimer had not been in touch after the meeting. This, he said, had been confirmed in a recent letter from Solicitor General Frank Mulholland to John Thurso.

In it, Mr Mulholland stated: "The Crown Office has not issued any communication to Northern Constabulary which either directly or by implication instructs that there should be no further investigation or review.

"It is a matter for Northern Constabulary to consider whether it wishes to undertake any further review."

He added: "If any review is carried out, the Crown Office and the procurator fiscal office would be happy to be consulted by any review team and to receive their report.

"As previously explained, the matter of whether to instruct an internal or external review of the case is one for the police."

Mr Mulholland said the case was not closed and that any new evidence should be brought to the attention of either the police or the procurator fiscal at Wick.

Allan McLeod said Mr Latimer could easily have made it clear to the family that the decision on whether or not to carry out a review lay solely with him.

"He's afraid of the truth being exposed which would cause yet more embarrassment and question his integrity and position along with his force's credibility," Mr McLeod claimed, adding: "If he has nothing to hide or fear, and wants to finally lay this matter to rest once and for all, why refuse our request?"

At the pre-Christmas meeting, Mr Latimer made an unreserved apology to the family for failings on the part of his force.

This followed two highly critical reports – the first by Chief Constable Andrew Cameron of Central Scotland Police and the second by Scottish Police Complaints Commissioner Jim Martin.

The latter report accused the force's top brass of "institutional arrogance".

Mr Latimer recently invited the family to a follow-up meeting when they would get a chance to discuss the evidence in the case with a senior officer.

Mr McLeod described the initiative as a "PR exercise".

He said: "We await our solicitor's advice on this but we suspect this would be a waste of time and effort."

He said they would not deviate from their efforts to initiate a fresh investigation. He said: "During my family's 11-year fight for justice, Northern Constabulary has provided no support whatsoever or shown any respect or compassion towards us. All we want is an independent review or investigation which we believe is not too much to ask for.

"In refusing our request, Mr Latimer is acting as the judge and the jury. In so doing, he has denied Kevin justice and allowed those people we suspect murdered him to walk free."

Following Mr Latimer's refusal to instruct a fresh probe, John Thurso, the Liberal Democrat MP for Caithness, Sutherland and Easter Ross, asked the Lord Advocate Elish Angiolini to intervene.

A spokesman for Northern Constabulary said last night: "It has been brought to our attention that there may have been correspondence between Mr Mulholland and the McLeod family via John Thurso.

"This would appear to be private correspondence of which we have no knowledge and therefore we will not be making any comment."

MP John Thurso calls for review of Wick Harbour death investigation

A Westminster Member of Parliament, John Thurso MP has called for a fresh investigation into the death of Kevin McLeod at Wick Harbour in February 1997.

The family of Kevin McLeod have had little success with Northern Constabulary over their calls for a proper investigation into Kevin's death over ten years ago, but independent reports have found a culture of failure with Northern Constabulary's initial investigation, which many believe must now be resolved with an independent investigation by another Police force.

The Scotsman reports :

MP calls for fresh review of evidence in case of body in harbour

By JOHN ROSS

THE Lord Advocate is being urged to authorise an independent review of evidence in a ten-year-old case involving a man found dead in a harbour.

The body of Kevin McLeod, 24, was found after a night out in Wick in February 1997. His family believe he was murdered, but Northern Constabulary maintain the death was accidental.

Ian Latimer, the force's chief constable, has ruled out a fresh review, but John Thurso, the Caithness, Sutherland and Easter Ross MP, has asked Elish Angiolini to consider the merits of another examination of evidence.

He said: "I have asked the Lord Advocate to look at an independent review of the evidence gathered in order to bring closure to the matter."

Two inquiries by Northern Constabulary were held which said Mr McLeod's death was accidental. A later fatal accident inquiry recorded an open verdict.

In 2002 an independent review was carried out by Andrew Cameron, the Chief Constable of Central Scotland Police, who looked into the family's complaints about the handling of the investigation.

In the same year Mr Latimer sought to draw a line under the investigation, saying there was "nowhere else to go".

A report in November by Jim Martin, Scotland's Police Complaints Commissioner, who was asked to examine the investigation, accused Northern Constabulary of "institutional arrogance" and ordered Mr Latimer to apologise to the McLeod family, who have consistently complained about the way the case was dealt with.

Mr Martin called on Mr Latimer to improve relations with family members and recommended the Northern Joint Police Board should meet them to apologise for the way the force handled their complaints.

He also criticised the McLeod family, who sent 277 letters and visited officers at their homes, for the tone of some of the complaints.

When Mr McLeod's body was found it was initially thought he had drowned, but a doctor later discovered serious abdominal injuries. A police investigation concluded that the injuries came from him falling on a bollard.

The family claims that Mr McLeod's clothes were destroyed before being forensically tested, the harbour was not cordoned off and searched for evidence, potential witnesses were not pursued and there were inadequate door-to-door inquiries.

The commissioner said Mr Latimer acknowledged that elements of the initial investigation were handled poorly and had instigated reviews of procedures.

Mr Thurso, who chaired a meeting between the chief constable and the McLeod family in December, added: "One outcome of an independent review might be that someone looks at it and says the evidence is inconclusive but it has been properly investigated. Another possibility is a recommendation to the Crown that there are further investigations to be undertaken.

"I have suggested it would be good for all concerned that a review takes place. I would expect the Lord Advocate to take some time to deliberate and consult before responding."

A Northern Constabulary spokeswoman said: "We understand that John Thurso has written to the Lord Advocate directly on this issue. We await the outcome of that with interest.

"Any correspondence with Kevin McLeod's family has and will remain confidential."

The letters between the family of Kevin McLeod who died at Wick Harbour in 1997 and the Chief Constable of Northern Constabulary Ian Latimer follow, showing the intense hardship by officialdom in Scotland, placed upon a grieving family in their fight to obtain justice for their loss.

Rather than forcing a family through a continuing period of suffering and anguish, where it seems a murder has taken place rather than just a death, the right thing to do would be to hold a new inquiry ....

Firstly, the letter from the Mcleod family to Chief Constable Ian Latimer of Northern Constabulary :

5 January 2008.
Dear Mr. Latimer,

Death of Kevin McLeod.

May I on behalf of our family pass on good wishes to you and your force for 2008.

We hope that this will be the year when we can all put the past behind us and move on confident that all the lessons associated with Kevin’s death have been learned and that procedures have been put in place to ensure it never happens again.

We were extremely grateful to you for meeting us in December and delivering an unreserved apology for the manner in which you and some of your officers had treated us following Kevin’s tragic death in 1997.

Everyone at the meeting expressed the wish that we all move forward as soon as possible.

As stated we believe that this will not be possible until a Totally Independent ‘Cold Case Review’ of the police investigation into Kevin’s death is undertaken.

Our initial complaints were initiated because of a complete lack of faith in every aspect of Northern Constabulary’s investigation and their handling of our subsequent complaints. These reservations have been overwhelmingly endorsed in the Fatal Accident Inquiry Findings, the Andrew Cameron Report and the PCCS Report.

We are now in the position that the only aspect of Kevin’s death that has not been independently reviewed is the actual police investigation.

We do not consider the Crown Office review of the information supplied by your investigating officers to be independent or constitute the necessary objective re-assessment of the investigation.

More than anything, having spent the last eleven years fighting for justice for Kevin, we want to move on. We see such an enquiry as an essential pre-requisite to this goal and urge you to take that final step and initiate the Independent ‘Cold Case Review’.

You can be assured that my family and I will co-operate fully with the review.

Yours Sincerely,
Mr Hugh McLeod.

The reply to the Mcleod family from Chief Constable Ian Latimer :

30 January 2008

Dear Mr and Mrs Mcleod,

As promised I now take the opportunity to respond to the outstanding issue from our very constructive meeting on the 19 December 2007 in Wick.

I have taken some little time to reflect on the questions which you posed to consult where appropriate and to obtain necessary advice which includes relevant dialogue with the Crown.

I am seeking to be as helpful as possible having taken the opportunity to meet with you and to unreservedly apologise to you for the failings in the initial investigation and in the initial handling of your complaints.

The subsequent investigations into the death of your son have been subject to a level of independent scrutiny which is largely without precedent in Scotland. The Crown have independently considered all submissions by the Force with these Reports being considered by not only the Area Procurator Fiscal for the Highlands and Islands but also by senior advocates within the Crown office.

Whilst I am constrained by the statutory relationship to the Constabulary has with the Crown regarding the responses that I can give to your questions, I am willing to explore how a further structured meeting in the presence of, I would suggest, Lord Thurso, could be arranged to enable me to provide answers to the questions which you still have. The confidentiality of any information shared at such a meeting should be paramount and your acceptance of this would be a pre-requisite.

For the same reasons attendance would have to be restricted to the immediate family and an independant observer of the stature of Lord Thurso whose presence I am sure you will agree was extremely helpful at our earlier meeting.

As the Police Complaints Commissioner for Scotland in his Report confirms, the independent view of the Crown is that there are no outstanding issues or questions which remain to be investigated into the death of your son. Any new information which you might have should be shared with either the Constabulary or the Crown. I can assue you that any new information shared directly with the Constabulary would be brought to the attention of the Crown and direction sought regarding any consideration of subsequent investigation.

Whilst the case remains subject to periodic internal review and is, in that sense, still open, I see no opportunity or reasoning to support a more wide-ranging review given that the actions and investigations undertaken by the Constabulary have been subject to independent consideration by the Crown on a number of previous occasions.

I am aware that at your meeting with the Convener Mr Norman Macleod, the Vice-Convenor Mr Ian Ross and the Clerk to the Northern Joint Police Board Ms Roslyn Pieroni earlier this month you raised a number of questions which you described to them as remaining unanswered. I have at the request of the Convener provided a confidential briefing to assist them in any response that they would wish to make.

The questions posed by you with regard to the investigation into the death of your son Kevin are largely those you raised in 2001 and formed the basis of the subsequent investigation which was reported to the Crown and concluded to their satisfaction in early 2002. There are no outstanding issues from the questions you raise that have not been properly investigated and concluded.

I hope you will respond positively to my proposal for a further meeting and if you do wish to progress this, our agreed point of contact, Inspector Julian Innes, will contact you.

Yours Sincerely
Ian J Latimer QPM MA
Chief Constable:

Police Chief continues to refuse inquiry to Wick Harbour death

A family's plight to find out what happened to their son who died at Wick Harbour over ten years ago, is still being hampered by Northern Constabulary's Chief Constable Ian Latimer, who is refusing to ask another Police Force to come in and investigate why Northern Constabulary failed in the investigation into the death of Kevin McLeod.

Surely the family deserve a proper inquiry and investigation into the death of their son - what man would stand against such a thing, and why has it so far been more of a priority to protect the interests of those who failed in the investigation rather than establish the truth of the incident ?

More to come on this story later in the week ...

The Sunday Mail reports :

Police Chief Blocks Probe Into Bungled Investigation

Feb 24 2008 By Marion Scott

A POLICE chief forced to apologise over a bungled death probe is refusing to ask another force to reopen the case.

The police complaints watchdog ordered Northern Constabulary Chief Constable Ian Latimer to say sorry in person to the parents of Kevin McLeod, 24, who drowned in Wick harbour 11 years ago.

Kevin suffered massive internal injuries and his family believe he was viciously beaten then dumped in the water.

But Latimer has refused calls to let another force investigate the murder claim.

In a letter to the family last week he wrote: "I see no opportunity or reasoning to support a more wide-ranging review."

But Kevin's uncle Allan McLeod said yesterday: "We are absolutely outraged at the arrogance of this man.

"If he has nothing to hide he'd welcome an outside force investigating the case. We won't rest until we get justice for Kevin."

Northern Constabulary Chief 'considers' new investigation into Wick harbour death.

After damning reports on the disgraceful conduct of Northern Constabulary towards the family of Kevin Mcleod, who is thought to have been murdered at Wick Harbor over ten years ago, the force's Chief Constable claims he is 'considering' a new investigation into the case.

Surely a "Yes, there will be a new independent investigation" would be the correct thing to say ...

The Herald reports :

Police chief ‘considers’ new inquiry into harbour death

IAN GRANT and DAVID ROSS

The mysterious death of a young Scot almost 11 years ago could be the subject of a new police investigation.

The prospect emerged yesterday at a meeting between Northern Constabulary's Chief Constable Ian Latimer and members of Kevin McLeod's family.

Mr Latimer apologised for the shortcomings of his force in the initial inquiry and in its response to the family's subsequent welter of complaints.

He also agreed to consider the family's request that an outside force review the circumstances surrounding the 24-year-old's unsolved death in his home town of Wick in February 1997.

After his body was recovered from the town's harbour, a post-mortem examination revealed severe damage to some of his internal organs.

His parents, Hugh and June McLeod, and uncle Allan McLeod are convinced he was brutally beaten shortly before he ended up in the water.

Police investigations failed to find evidence of foul play and a fatal accident inquiry recorded an open verdict.

Yesterday's meeting in Wick Assembly Rooms was convened after a recent report by Scottish Police Complaints Commissioner Jim Martin.

Mr Martin accused Northern Constabulary of "institutional arrogance" in its dealings with the family and called on Mr Latimer to tender an overdue apology.

MP John Thurso, who chaired yesterday's two-hour private meeting, said: "Mr Latimer apologised unreservedly to the McLeod family in the manner recommended by Mr Martin.

"It's an apology which the family have accepted in full."

Mr Latimer had told the family he would contact the Crown Office early in the new year to discuss the family's request for a new inquiry.

Northern Constabulary guilty of failures of investigation in unexplained Wick Harbour death

A report compiled four years ago by Andrew Cameron, chief constable of Central Police into Northern Constabulary's investigation into the death of 24 year old Kevin McLeod, and kept secret until now, reveals a disgraceful catalogue of errors on the part of Northern Constabulary which remain without explanation.

The incident, investigated by Northern Constabulary as a 'sudden death', although long thought to be a murder, raises significant questions over the performance of both the Police & Crown Office, where it also comes to light the opinion of one of the prosecutors , Procurator Fiscal Alasdair MacDonald, who believed the death of Kevin McLeod to be suspicious, was left out of the report ....

Kevin Mcleod's family await not only an apology, but a proper investigation and accounting of what happened to their son.

The Sunday Mail reports :

Blunder Cops Rapped Over Dead Clubber

Oct 21 2007 By Marion Scott

Exclusive: Police Chief Accuses Officers Of 'Inexplicable' Errors In Harbour Death Probe

A SENIOR police officer has found colleagues guilty of "inexplicable" blunders in their investigation of a 24-year-old clubber's death.

Kevin McLeod's grieving family are convinced three men battered him to death and dumped him in Wick Harbour.

Now for the first time an official police report reveals damning evidence that Northern Constabulary were wrong to dismiss Keith's death as accidental.

The report by Andrew Cameron, chief constable of Central Police, was kept under wraps for four years and only released after pressure from Kevin's family.

It slams Northern for not apologising to the family and calls for a shake-up in the way they investigate sudden deaths.

Mistakes highlighted by the Cameron report include:

Failing to realise the significance of diamond-shaped marks on Kevin's body even after a procurator fiscal instructed them to treat the death as suspicious.

Failing to keep the clothes worn by Kevin at the time of his death as evidence.

Failing to photograph and record Kevin's injuries properly. Electrician Kevin, 24, was found dead in Wick harbour 10 years ago after a night out at the town's Waterfront Club.

His father Hugh and mother June have battled to prove he was murdered and not the victim of a tragic accident as police insist.

His spleen, liver and pancreas were ruptured and he lost so much blood he would have been unable to get up on his own.

The Cameron inquiry calls for Northern to review management of suspicious deaths, training and staffing.

Cameron stated: "The failure of the force to seize, retain and submit for examination the clothing worn by KevinMcLeod remains inexplicable."

He added: "The efficiency with which photographic evidence of injury was initially instructed and secured and subsequently assessed over a period of three years is open to question.

"It is not helped by what appears to be a lack of acknowledgement by the force and the Department of Pathology, Raigmore Hospital, Inverness as to the potential significance of the "diamond" pattern mark on the body of Kevin McLeod." Cameron concluded:

"It is this inquiry's view that had the existence and significance of the marks been properly recognised, the investigation may well have been directed differently.

"It is the conclusion of this inquiry that the McLeod family are entitled to an apology from Northern Constabulary over the patent lack of communication of their complaints."

The Cameron report was completed in 2003 but only given to the family this year following a freedom of information request.

A second investigation into Northern's handling of the case by the new Police Complaints Comissioner Jim Martin is expected later this year.

Kevin's uncle Allan McLeod, 49, said: "Even though the Cameron Report supports everything we've known for 10 years, we do not believe anyone will ever be brought to justice for killing Kevin.

"We know the names of three men we believe were responsible for Kevin's death.

"But we have not one shred of confidence that the police will ever do anything about it because they do not want to admit they are wrong.

"We have not received any proper apology from the force."

Northern Constabulary said: "As a result of this independent inquiry, all issues raised by the McLeod family have been dealt with.

"Consideration was given to where improvements could be made and these have been implemented.

"The case has been subject to a great deal of scrutiny and the chief constable will not be reopening the inquiry."

Riddle Of Prosecutor Whose Evidence Was Ignored

Oct 21 2007

Exclusive: Police Chief Accuses Officers Of 'Inexplicable' Errors In Harbour Death Probe

ONE man's verdict on whether Kevin was murdered is missing from the Cameron report.

The victim's family believe Procurator Fiscal Alasdair MacDonald could be key to mounting a case - but he was not interviewed by Chief Constable Cameron. Kevin's uncle Allan McLeod said: "We're incensed that the very man who believed Kevin's death was suspicious was missed out of this report.

"He should have been the first person to be interviewed and the fact he wasn't can only raise our suspicions of a cover-up."

Central Police said questions on the Cameron Report should be answered by the Northern Joint Police Board.

But the Northern Joint Police Board insisted they were "unable to comment".

In the report, Cameron claims MacDonald was "unavailable" to be interviewed. But in a further twist MacDonald has written to the McLeod family saying he would have been happy to co-operate.

He wrote: "Whilst I have no wish to add to the controversy surrounding this matter, I fear I must. I cannot imagine upon what possible basis I could be described as unavailable for interview.

"Despite researches, neither my office manager nor I have any recollection of any contact by the author of this report."

The Crown Office said they did not have "anything further to add" to MacDonald's comments.