The family of a young Fife man who was stabbed four years ago believe they will never have justice for his death.
Colin Marr, of Lochgelly, was 23 years old when he died after an argument with his girlfriend Candice Bonar on July 10, 2007. He died of a single stab would to the chest, which punctured his heart.
Following a fatal accident inquiry (FAI) at Dunfermline Sheriff Court, Sheriff Principal Alastair Dunlop QC was unable to determine which one of the couple had delivered the fatal blow an outcome he described as “most unsatisfactory.”
The Sheriff Principal said it was unlikely the tragedy could be re-investigated, adding, “I doubt whether there are any useful lines of investigation that could be pursued.”
Colin’s father Allen Marr (55), of Leven, said the family had never accepted the possibility that he had committed suicide. And he said justice would never be done because the investigation had been bungled by Fife Constabulary and prosecutors.
“We feel more than ever that Colin’s wound was not self-inflicted. We’ve been fighting against that for four years,” he said.
“The police made a complete hash of the initial investigation. We were given a written apology from Fife Constabulary stating that they messed up the investigation. It should have been handled very differently.
“We also had a written apology from the Crown Office. The family complained that members of staff at the Crown Office and Procurator Fiscal Service (COPFS) had not done their job properly and these complaints were upheld.
“A lot of potential evidence was lost and their ability to get to the actual truth was diminished because of that.”
Colin had lived in Lochgelly for two years. He worked in Livingston as a mortgage consultant and was a keen fan of Dunfermline Athletic Football Club. His ashes were scattered at East End Park in a ceremony conducted by club chaplain Pastor Jimmy Dowds.
He and Miss Bonar were engaged to be married but on the day of his death they argued about his infidelity. Miss Bonar had found out he had been in another relationship during their engagement and said she was breaking up with him.
The inquiry report stated that before he died, Colin had been reluctant to own up about the affair because he was worried it would threaten his relationship with Miss Bonar.
Mr Marr said there was little truth in testimonies that Colin had appeared “withdrawn into himself” on the day of his death.
He added, “He wasn’t depressed. He was going to work and carrying on as normal. Colin had a big, extended family and was in continuous contact with them. Everybody loved him.”
Expert evidence given during the hearing was described as “confusing” by the Sheriff Principal.
Professor Anthony Busuttil had written in a report that it was “highly unlikely” the fatal wound had been self-inflicted. However at the time of the hearing he appeared to have changed his position, stating it was possible the injury could have been self-inflicted.
Another expert described Colin’s death as being, “At the more unusual end of the spectrum of suicidal deaths.”
The Sheriff Principal’s report made it clear the inconclusive outcome of the FAI should not undermine the presumption of innocence enjoyed by Miss Bonar.
Mr Marr added, “We’re not sure what our next step is going to be. We’ve requested a meeting with the Crown authorities and hopefully we’ll get that in the near future but we wouldn’t like to get our hopes up too much.”
A spokesman for the Crown Office said, “COPFS has apologised to the bereaved relatives of Mr Marr for the additional pressure that the early decisions and approaches in the investigation caused them at what was already a very difficult time.
“The Crown has sought to keep Mr Marr’s family informed throughout the re-investigation of the case and the FAI, and has offered continued liaison to discuss any further questions they might have.
“The Sheriff Principal’s determination accepts the Crown position that the available evidence does not reach a sufficiency to allow proof of homicide, nor can it be firmly concluded that the fatal wound was self inflicted either deliberately or accidentally.
“There is no indication that a different outcome would have resulted had the initial investigation been more properly focused on events surrounding the fatal incident.”