Five years to make a decision is inexplicable – Brian Mcconnachie QC
The Crown Office has faced criticism over the length of time taken to reach decisions in major cases such as the
M9 crash, the death in police custody of Sheku Bayoh, the Clutha helicopter crash and the murder of Emma Caldwell. Here, Brian Mcconnachie QC, one of Scotland’s leading defence lawyers and a former High Court Crown prosecutor, gives his verdict on the M9 probe and an insight into the process.
“The police do evidential gathering in the first instance and the complicating factor in this case is that the initial investigation would have raised the possibility there was fault on the part of police over how long they took to deal with the matter after it first came to their attention,” said Mr Mcconnachie. “That would then presumably mean the involvement of the Police Investigations and Review Commissioner and there is also the possibility that matters which arose from police or PIRC investigations would mean there was a necessity for expert evidence to be obtained. You are then in the hands of other people as to how long it takes for them to carry out their reports. “Often what you’d find when a case is sent to Crown Office is that someone who’s looking at it will identify further areas that they would want to bottom out before they made any instruction.
“Having said all that, I would have thought there are equally complex cases where decisions are made to prosecute, or not to prosecute, much quicker than in this case. I think five years to have a decision on whether anyone should be prosecuted, or for the families to have an inquiry to understand what’s happened to their loved ones, is inexplicable.” Deputy Chief Constable Fiona Taylor said: “This matter is currently being considered by the Crown Office and Procurator Fiscal Service and it would be inappropriate for us to comment. Our condolences remain with the families of Mr Yuill and Ms Bell.” The Crown Office added it was unable to comment further on a “live investigation”.