A father who lost his son to knife crime four years ago and who is petitioning for a change in the law has called for a “fair and balanced” justice system.
Speaking ahead of Tuesday when the Scottish Parliament will consider approving the proposal for perverse acquittal as a new piece of legislation within the Criminal Bill Act, Alan McLean said he hoped that if approved it would be known as Barry’s Law in memory of his son.
Mr McLean told The Courier: “We are convinced that the Scottish Government wants to make our current justice system a crystallised full proof and fair system for our future generations and all who live in Scotland.
“However from the start of the petition we have always made it clear that the proposal for perverse acquittal would only apply to a very low percentage of cases only where the verdict delivered is clearly unsupportive and irrational.
“As we all know the jury service lies at the core of the justice system, the guilt or innocence is determined by our fellow citizens selected from the electoral role and they are from different cultures and occupations.
“Although the Scottish Government seeks to uphold this principle and tradition there are opportunities for improvements within the current system to fill small gaps which will provide a water tight system.”
Mr McLean said an emotional farewell to his son Barry four years ago after the 27-year-old died from a stab wound following an incident in Burntisland.
Barry, a former pupil of Burntisland Primary and Balwearie High School, left behind a baby son when he died on May 28 2011, aged 27.
Sean Kitchener admitted “poking” Barry with a kitchen knife but made a plea of self-defence at the High Court in 2012 and was cleared of murder.
Since then, Mr McLean has been a vociferous anti-knife campaigner and believes urgent action must be taken to tackle the blade-carrying culture developing away from the central belt.
The family want the case reinvestigated and tougher penalties introduced, which they believe will reduce knife crime by “setting an example to those who carry out such horrific acts”.
In April, Alan, told MSPs of the “everlasting pain” his family suffer.
He gave evidence on a petition he has lodged at the Scottish Parliament asking the Government to consider giving judges the ability to refer “irrational, unsupported or unbelievable” verdicts of acquittal to the appeal court.
He wants to see the proposal turned into new legislation to be known as Barry’s Law and asked MSPs to back his call for trial judges to have the power to refer “perverse acquittal” jury verdicts to the appeal court.