A detective in charge of the Andrew Innes murder investigation faces career ruin after admitting stalking a woman.
Stewart Andrew, senior investigating officer in some of Dundee’s highest profile murder probes of recent years, sent the woman daily emails and turned up at her house.
Kirkcaldy Sheriff Court heard the pair had been in an “on-off relationship” and he assumed a cessation in communications was part of this.
His solicitor sought an absolute discharge to avoid him facing a gross misconduct investigation at work.
However, a sheriff refused the motion and Andrew, who had a 21-year unblemished record, could now lose his job.
Andrew, of the Beatty Court, Kirkcaldy, admitted engaging in a course of conduct that caused the woman fear and alarm between January 15 and 26 last year.
‘He deserves a second chance’
Solicitor Michael McKitrick, defending Andrew, told the court it was “all the more sad that he appears in court after the cases he has served.”
“He’s considered an exceptional detective.
“He’s been in high level cases, including Andrew Innes and Kenneth Melville in 2021.
“He was the senior investigating officer in those cases.”
He said: “Mr Andrew is held in very high regard by his colleagues and the community.
“His reputation is that he has constantly led by example.
“He deserves a second chance.”
Misunderstanding over relationship status
Mr McKitrick continued: “He does not shy away from this – he understands that his actions caused fear and alarm.
“He did not intend to cause fear and alarm.
“This was an on-off relationship.
“They would often block each other’s numbers and say not to get in touch again, then resume the relationship.
“He thought this was one of those occasions.”
He added pressures in Andrew’s personal life – including financial pressures while renovating a new home and the death of a friend – had contributed to a poor frame of mind.
‘You should have known’
Mr McKitrick argued his client’s behaviour was at the lower end of the scale, stating he had “sent one or two emails a day for 11 days” and had remained calm while at the woman’s address.
However, Sheriff Timothy Niven-Smith said he did not consider the case to be trivial.
He said: “You systematically engaged in a course of conduct between January 15 and January 26.
“While I accept it was not your intention to cause the complainer fear and alarm, your actions were reckless.
“She asked you to leave (her address) three or four times, she tried to close the door and sought recourse to a mutual friend, who contacted you to tell you not to contact her again.
“There can be no ambiguity in what you were told by the complainer.
“In my view, you persisted despite being told by the mutual friend.
“You have an unblemished 21-year career, first in London and then in Scotland.
“You should have known, if you’d bothered to hesitate and consider, that your behaviour was likely to cause fear and alarm.”
‘Not above the law’
He added he recognised Andrew would lose his job and benefits as a result of his decision.
“As a serving police officer you are not above the law – myself, your solicitor and the procurator fiscal – none of us are above the law.”
The 45-year-old was fined £1,125 and banned from approaching the woman for 12 months.
A Police Scotland spokesperson said: “We are aware of the outcome in court and this will now be referred to the Professional Standards Department.”
High-profile murder probes
Andrew was promoted to the rank of inspector in 2019 and in recent years has been involved in a number of high-profile murder cases.
In 2021, he was the senior investigation officer for both the Andrew Innes and Kenneth Melville investigations.
Innes was jailed for life for the murder of Bennylyn Burke and her daughter Jellica at his home in Troon Avenue, Dundee.
At the High Court in Edinburgh, Lord Beckett ruled he must serve at least 36 years before applying for parole – the second-longest sentence in Scottish legal history.
Melville received a life sentence with a minimum of 17 years after admitting beating Yvonne Barr, 47, to death at her flat in Dundee on November 5 2021.
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