POLICE APOLOGISE AFTER 60-year wait ASSAULT EVIDENCE WAS WITHHELD for the truth is over
Brother calls for public inquiry into cop handling of sister’s death
POLICE Scotland has apologised to the family of a toddler who died in care more than 60 years ago after withholding evidence that she was assaulted.
Two-year-old Alexina Kelbie died of a head injury suffered while living with foster parents in Dundee in 1960 but no criminality was established by officers.
Now, the force has admitted it did not alert relatives to a staggering development in 2006, when a pathologist found evidence of extensive abuse while examining freshly uncovered post mortem photographs.
Alexina’s brother Peter, who has been fighting for answers for almost four decades, learned the shocking truth days ago when the force upheld two complaints in a harrowing letter.
And despite crucial evidence in the case now being destroyed, he is calling for a public inquiry to be held to finally lay bare what happened to his sister.
Peter, 58, said: “I didn’t know of the existence of the forensic photographs until last week and I think there should be a public inquiry.
“I have dedicated my life to my baby sister
but there is still a lot we don’t know and I need justice for Alexina.”
Alexina and her siblings, who were of Romany Gypsy heritage, were taken into care after allegations of negligence at camps emerged.
Her three siblings were released from care while Alexina remained at her foster home.
She died of an intercranial haemorrhage after being taken to hospital by her foster mother from her home in Fintry Road, Dundee, on August 31, 1960.
The initial investigation suggested the injury was self inflicted as the youngster had been prone to banging her head to cope with the pain caused by a previous arm fracture.
Alexina’s dad died in 1966, followed by her mum in 1975.
Peter, who lives in Gretna, learned of her existence and tragic death in 1983 when he was reunited with his siblings and embarked on a tireless campaign to find out what had happened to her.
Reviews were carried out at his request by the former
Tayside Police division in 1988, 1993 and in 2006.
The detective in charge of the 1988 review concluded Alexina’s death had been fully investigated.
The 93 review showed physical abuse was investigated but the post mortem examination did not provide evidence to support it, finding “no other injuries were a cause for concern”.
In 2006, Peter requested to see police files on Alexina’s case, prompting a further review.
A detective then found a series of photographs of Alexina’s body taken prior to post mortem. The letter to Peter from Police Scotland’s Professional Standards Department said: “It was noted that the images appear to show a number of marks and bruises.
“It has not been possible to establish where these photographs had been stored for the previous 46 years.”
Detectives traced the police sergeant who took the images, Sergeant John Underwood, who said he had been “unhappy” with the suggestion the wounds were self inflicted and raised concerns.
Professor Derrick Pounder, a leading pathologist at the University of Dundee, reviewed the photographs, which he said showed bruising and abrasions across all areas of her body.
The police response said: “In his opinion, the overall pattern of injuries was assaultive and could not be explained by a
simple fall or even a complex fall. The injuries to the neck were suggestive of pressure applied through clothing.
“There was an injury to the chin, nose and around the mouth with what appeared to be blood in the mouth. There were two distinct separate areas of impact to the forehead.”
It added there was an injury to the left knee which raised the “possibility of a bite mark”, too small to be an adult bite mark.
It said: “Whilst Professor Pounder was of the view the photographs indicated Alexina was assaulted, he is unable to establish a causal link between the assault and her death.”
But notes in the 2006 review file state this information was withheld from Peter and his family. The police response said: “The decision was made not to inform yourself or your family of Professor Pounder’s findings or the existence of the photographs. Again, due to me not having all information available to me, I am unable to ascertain the reason for this.”
The circumstances were reported to the Procurator Fiscal’s Office in Dundee but there was not enough evidence presented to establish criminality.
The force also upheld a complaint the family were not informed of developments in 2006.
Peter said: “Our mum would say a thank you to Sergeant John Underwood.
“He did everything he possibly could to make sure Alexina’s death was properly investigated.”
Responding to the Daily Record, Superintendent Lorna Ferguson said: “The case has been reported to and fully considered by COPFS.
“No prosecution has or will take place.
“We recognise the considerable distress these matters have caused to Alexina’s family and have sincerely apologised to Mr Kelbie for this.”
Digby Brown Solicitors is looking into Peter’s case. Partner Kim Leslie said: “Questions need to be answered as to why authorities chose not to inform the family of the significant findings of the review in 2006 and why it has taken a further 15 years before this crucial information has come to light.”
I’ve dedicated my life to my baby sister but there is still a lot we don’t know PETER KELBIE ON HIS FIGHT FOR ANSWERS INTO DEATH