Fife police ruled out charges over a young woman’s fiancee’s mysterious death at the same time as the force was being probed for failing to prevent her uncle’s death in custody, The Courier can reveal.
Officers decided that Candice Bonar’s fiancee Colin Marr died in July 2007 from a self-inflicted stab wound to the chest a conclusion that was later criticised in an independent Crown Office report.
Candice’s uncle Angus Malone died in Dunfermline police station in August 2007 after taking a massive drugs overdose while he was in the cells.
A fatal accident inquiry (FAI) found that custody officers had failed to confiscate diazepam or alert medics right away after the 41-year-old admitted swallowing the pills.
Colin Marr’s mother Margaret Graham has complained to Fife police of a conflict of interest because the force was reinvestigating her son’s death at the same time as officers were aware of an impending FAI into Mr Malone’s death.
Speaking exclusively to The Courier, she said: ”The investigation of my son’s death was not initiated until the intervention of then MP Willie Rennie in October 2008. The timing of this investigation was in the same general window as that for Fife police to attend the FAI into the death of Candice Bonar’s uncle.
”I firmly believe that there was an obvious conflict of interest that should have been removed, or at the very least made known to my family, and should have definitely been something that the police authority was aware of.
”It seems incongruous that you can investigate members of a family for potential homicide when you have culpability in the death in one of their family that in itself was being investigated.”
Mrs Graham’s son died from a single stab wound through his heart following an argument with Ms Bonar at a house in Lochgelly in July 2007.
An FAI could not determine who delivered the fatal blow but an independent Crown Office report by a former CID officer, David Swindle, later laid bare a catalogue of ”basic and serious” failings in the investigation and recommended a review of the evidence.
Last week the Solicitor General instructed Strathclyde Police to reinvestigate the 23-year-old’s death following a five-year campaign by Mrs Graham and her husband Stuart.
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In March the couple tabled a catalogue of complaints against senior police officers, including recently-retired former Chief Constable Norma Graham, who had operational control at the time of Colin Marr’s death, when she was deputy chief constable.
Detective Inspector Seath, who led the initial investigation, was also criticised by Mrs Graham in her 17-page complaint, seen by The Courier.
”We have witnessed significant mismanagement, failure to take appropriate and timely disciplinary action, failure to remove conflicts of interest and failure to investigate complaints effectively,” Mrs Graham claimed.
After a six-month wait, the Grahams were granted an audience on Thursday with Chief Superintendent Garry McEwan, who was DI Seath’s line manager when he was asked to investigate Colin Marr’s death.
Speaking after the meeting at Fife police headquarters in Glenrothes, Mrs Graham said: ”The tone was very good. It was a positive meeting. That’s all you can ask for at this stage.”
Colin Marr’s step-dad Stuart Graham has drawn parallels between their struggle and that of Hillsborough campaigners.
An independent report published recently found that police covered up their culpability in the deaths of 96 Liverpool fans who were crushed at Sheffield Wednesday’s stadium during the 1989 FA Cup semi-final with Nottingham Forest.
Mr Graham said: ”You’re very wary of using the Hillsborough analogy, but it is there. It’s no different to Hillsborough we want to know what went on. We also want Fife police to own their own actions.
”But we’re not on a witch hunt. We don’t even want the officers named and shamed. We just want them to take responsibility. They have to be open about the mistakes they made. That’s the only way they’ll learn anything.”
Chief Superintendent Garry McEwan has been earmarked to lead Fife’s police officers after the force is swallowed up by a single Scotland-wide service in April 2013.
Current Chief Constable Andrew Barker and his deputy Tom Ewing are expected to retire next year.
Mrs Graham added: ”Fife police could still own this and show a lot of good faith. Garry McEwan has a great opportunity to take Fife police into the single Scottish force with a clean slate.”
Fife Constabulary declined to comment.