Airdrie & Coatbridge Advertiser
System failed us
Family demand probe
The grieving family of an Airdrie dad killed in a hit-and-run have slammed the police for their handling of the investigation into his death – and the fallout.
Dad-of-two Michael Delaney, 48, died in Monklands Hospital shortly after being found with “catastrophic head injuries” on Airdrie’s Drumbathie Road in April 2014. Charges against Airdrie man Ryan McLuckie, 23, who said he had found Michael lying in the road already hurt and raised the alarm, were dropped in January 2016 as the Crown could not establish his vehicle had caused Michael’s injuries. Michael’s loved ones remain “incredibly frustrated” by the investigation into his death and have also accused Mr
McLuckie and his family of harassing them.
They have reported Airdrie police to the Police Investigations and Review Commissioner over their handling of the alleged harassment.
Michael’s sister Clare Delaney, 45, told the Advertiser: “Over the last four years McLuckie has shown no remorse over Michael’s death and he and members of his family have harassed and intimidated us.
“We have repeatedly reported these incidents to Airdrie police but weren’t taken seriously. I stopped reporting them after one officer told me that this was tit for tat.
“It’s almost as if Airdrie police seem to be protecting McLuckie and will not investigate him or his family for harassment.
“We have now had to report Airdrie police to the Police Investigations and Review Commissioner as our complaint was not dealt with internally to our satisfaction.
“We feel like we’ve once again been badly let down by Police Scotland.”
Michael’s family, including his partner June McLenachan, mother of his two children Emma Louise, nine, and James, seven, asked for a review of the Crown Office and Procurator Fiscal Service’s decision not to prosecute Mr McLuckie last July. They were left shattered when told that no charges would be brought.
Clare said: “From the beginning it became apparent that serious motoring offences involving a fatality were low priority to the justice system.
“There was a lack of information and support given to us throughout the investigation.
“All we ever wanted from the police was to conduct a fair and thorough investigation and to be treated respectfully, as a grieving family should be.
“Instead our family is devastated at the treatment we have received throughout the investigation.”
Airdrie & Shotts MSP Alex Neil has backed the Delaney family’s concerns over the handling of the investigation into Michael’s death and called for the police to issue an apology.
Mr Neil said: “The Delaney family have been badly let down by the justice system in Scotland, particularly by the Crown Office.
“The only silver lining is that the Delaney case has led to a complete overhaul of how road traffic fatalities are going to be investigated in future so that no other family in Scotland suffers the hell which Michael’s loved ones have endured.
“In relation to the investigation overall, the police need to apologise for their handling of the situation and take steps to ensure they get things right in future.”
Responding to the family’s concerns, Chief Superintendent Stewart Carle said: “Whilst we understand Mr Delaney’s family undoubtedly feel aggrieved that justice has not been done in their eyes, the senior investigating officer and other specialist officers have met with the family on many occasions and fully explained the investigation process and outcomes, most recently on February 26 this year with MSP Alex Neil.
“A detailed letter was sent in response to the family’s complaints prior to this meeting taking place. Mr Delaney’s untimely death was a tragedy which was thoroughly and comprehensively investigated by experienced road policing officers, leading to the detection of the subject driver, and the full circumstances were reported to the procurator fiscal.
“We are aware the integrity of the investigation has been questioned. However, I am certain procedures were followed correctly.
“This included forensic collision investigation and the appointment of a family liaison officer from the outset.
“The investigation of serious injury and fatal road collisions are of the utmost importance for Police Scotland and we work closely with the Crown Office and Procurator Fiscal Service to produce detailed and comprehensive prosecution and other specialist reports.”
A Crown Office spokesman added: “A number of lessons have been learned as a result of this case and the review carried out into it, and this has been explained to Mr Delaney’s family.
“The procedure for investigating road traffic fatality cases has now changed.
“Such cases are now prepared and prosecuted by a specialist road traffic deaths unit and detailed discussion is now carried out with the expert witness in complex cases like this one at an earlier stage.
“This was a complex case and it therefore took some time to conduct both the initial investigation and an extremely thorough review.
“After considering all the evidence obtained in the course of the review, Crown counsel, who had no prior involvement in the case, concluded that the Crown could not establish that the accused’s vehicle caused the injury that resulted in Michael Delaney’s death.”
The Advertiser contacted Mr McLuckie but he declined to comment.