Sunday Mail (UK)

Death slur cops have got wrong man.. it’s ruined my whole life POLICE STAND BY CLAIMS AFTER 9-YEAR FIGHT

Nephew’s fury after he’s accused of rifling through dead man’s belongings

- Stephen Stewart

A man claims a nine-year battle to clear his name after police accused him of rummaging through his dead uncle’s belongings has cost him his career and a relationsh­ip.

Angus Lyness said his life has been thrown into chaos after an investigat­ion named him as being at the scene when off icers forced their way into Henry Macdonald’s home.

The 56-year-old insists he was on the other side of the Isle of Lewis when the grim discovery was made and is backed up by two other family members.

However, two Police Scotland probes have concluded that officers got it right when they said they discovered Angus in Henry’s bedroom before telling him to leave.

Henry, 58, died of a heart attack at his home on the island’s Borve area in October 2011.

The Police Investigat­ions and Review Commission­er (PIRC) ordered officers to look again at their or iginal investigat­ion that placed Angus at the scene when they arrived after being contacted by concerned neighbours.

But a second inquiry has resulted in the force standing by their findings.

Now Angus is considerin­g asking lawyers to launch a judicial review into his case, which has caused him to quit his job and wrecked his love life.

He said: “This an outrageous slur. I’m at the end of my tether with this.

“The next step is to go for a judicial review to clear my name. I’ve already spoken to a solicitor.

“I need to think about going down that particular route. Who was this man in the house? They are just trying to smudge their mishandlin­g of the case.

“I had to quit my job in the refrigerat­ion business when all this hit me. I was in a long-term relationsh­ip but that fell by the wayside when this happened to me – it’s had a massive effect on my life.”

A report into Henry’s sudden death – found to be a “non- suspicious” heart attack – revealed a police officer found a stranger going through his belongings in the bedroom. The man, later identified as Angus, was allowed to leave the house.

But his other uncle – Angus Macdonald – backed claims he was about 10 miles away at the time.

The 75-year- old was outside Henry’s house as police forced entry to the property but failed to see the mystery man. He said: “On the day my younger brother was found dead, my nephew Angus wasn’t at the property when his body was there. I was at the house and he was on the other side of the island. The whole thing has been a shambles.”

Another family member has supported Angus’s claims that he was not present.

In 2018, PIRC concluded that four of Angus’s five complaints about the police investigat­ion were “not handled to a reasonable standard”.

It recommende­d the force seek further accounts from both officers at the scene, from family members who were present and from the witnesses who can account for Angus’s whereabout­s.

However, a complaint handling review, signed by Superinten­dent Gordon

They are just trying to smudge mishandlin­g of case

Macleod, said: “Having considered all of the informatio­n and in the balance of probabilit­ies, there is a sufficienc­y of evidence to support the officers’ assertion that you were at your uncle’s home at the relevant time and were correctly identified by the officers as the person found rummaging through drawers and, as such, this element of your complaint is not upheld.”

In January 2019, another senior officer wrote: “I am satisfied all appropriat­e and proportion­ate investigat­ions into the matters you have highlighte­d have been completed.”

Police Scotland’s Chief Superinten­dent Andy McDowall said: “A further response was sent to the complainer and shared with Police Investigat­ions and Review Commission­er in January last year.”

 ??  ?? LEGAL WRANGLE Angus Lyness Pic Jamie Williamson
TRAGIC Henry died of heart attack at home, left
LEGAL WRANGLE Angus Lyness Pic Jamie Williamson TRAGIC Henry died of heart attack at home, left

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