Force apologises over boxer shorts inaccuracy
The family of Barry Dixon have called on the Scottish Government to order a full inquiry into the police investigation of his killing.
It comes as Barry’s loved ones marked two years since he was stabbed to death by Robbie Smullen in Perth.
Smullen (23) was jailed for nine years and three months in
April for the killing of 22-yearold Barry.
A jury at the High Court in Edinburgh had rejected Mullen’s self-defence plea and returned a majority verdict of culpable homicide.
Barry’s family say Smullen should have been found guilty of murder.
It was said in court that when Smullen found his on/ off girlfriend Shannon Beattie with Barry at his flat, Barry was undressed to his boxer shorts.
Barry’s family have argued he was actually wearing a pair of sports shorts, and they believe the narrative surrounding the boxer shorts led to the prosecution being able to make a case that Smullen was provoked.
Police Scotland has now apologised to Barry’s aunt Jade Taylor after admitting he was in shorts and not just boxer shorts.
In a letter signed by Chief
Inspector Lorna Ferguson, professional standards department (north), and seen by the PA, Jade was told an excerpt from the standard prosecution report made reference to him being in boxer shorts.
CI Ferguson wrote: “The loss of a loved one, particularly a young man in his prime, such as Barry, has undoubtedly had a huge impact on you and your family.
“On behalf of Police Scotland,
I sincerely apologise for any undue distress the reporting of this inaccurate information has caused.”
Speaking ahead of the second anniversary of Barry’s death today, Jade told the PA she thought the response from Police Scotland was “appalling” and accused the force of “trying to minimise their actions”.
She said although the force did not make any comment on what Barry was wearing, one of the first officers on the scene had claimed in court he was wearing boxer shorts.
She revealed the family have instructed an independent pathologist to carry out a review of the post-mortem and evidence.
Jade said: “We are devastated that we are still stuck in a living nightmare, two years on from Barry’s death, but we are very thankful that the Crown Office have agreed to liaise with our pathologist and give him access to all relevant evidence and reports he will require to conclude his opinion on the killing of our child.
“We are currently petitioning the Scottish Government to order a full inquiry into the police investigation of Barry’s death, and are close to reaching 5000 signatures in just a few weeks, which is half of what we need to have our case heard, so we want to say thank you to every person who has continued to support our fight to ensure justice for Barry.
“We are also awaiting confirmation of a meeting with the new justice minister, Keith Brown.”
To honour Barry, Jade and his younger brother designed a life-size custom stone in memory of Barry, which includes a bronze statue of his beloved BMX bike.
Jade added: “We will spend a second anniversary of Barry’s death remembering happier times, thinking about our handsome, funny and kind boy.
“Two years on, I still can’t comprehend the thought of not seeing my nephew again and it’s never going to be okay not having him here. Barry will always be loved, always be missed and never be forgotten.”
Chief Inspector Lorna Ferguson told the PA: “Our thoughts remain with Barry Dixon’s family and loved ones. Following a thorough and robust investigation Robbie Smullen was convicted in relation to Barry’s death.
“In an early summary report to the Crown Office and Procurator Fiscal Service while enquiries were ongoing, a reference was made to Barry wearing boxer shorts on the day of his death. This reference was based on witness statements.
“Additional evidence which identified Barry as wearing shorts, rather than boxer shorts, was also made available to the COPFS, although we should have drawn attention to this clarification prior to Smullen’s trial.
“While there was no intention to provide inaccurate information to COPFS and this information was not released to the media by Police Scotland, we have apologised to Barry’s family for the inaccuracy and the distress caused by inaccurate reporting in relation to Barry’s clothing. We continue to engage with Barry’s family in relation to their concerns.”