A Fife father who believes there was a miscarriage of justice in his son’s murder trial has his “fingers crossed” that the results of a petition will help him and his wife in their fight for a change in the law.
Alan and Tina McLean hope to persuade the Scottish Parliament to introduce Barry’s Law, which would allow judges to request a review of jury decisions in certain circumstances.
They launched a petition on the Scottish Parliament website.
Mr McLean revealed 1,311 signatures had been garnered when the petition closed at the end of March and the couple now hope to be invited to address the petitions committee.
They want judges to be given the power to refer verdicts which they consider perverse to the High Court for possible retrial.
Mr McLean has promised to “exhaust every avenue and turn every stone until he gets justice”.
He told The Courier: “The next stage will be for the petition to be reviewed and we will most likely be invited to attend a panel at the Scottish Parliament to explain the reasons for the petition and provide supporting evidence.
“Again this is Barry’s legacy. The petition will then be taken to the chambers and presented to MSPs for voting. Fingers crossed this proposed change to the Criminal Bill Act will help others.”
Barry, 27, died in May 2011 but Sean Kitchener, who stabbed him, walked free after a jury at the High Court in Edinburgh accepted his self-defence plea and cleared him of murder.
The McLeans, of Burntisland, say jurors who took less than an hour to deliver their verdict failed to properly assess the evidence.
Mr McLean said: “We need to look at the current jury system as this can be improved.
“For example, where a life has been taken through intent then the trial should consist of a panel of judges who will be able to accurately assess all information delivered from the prosecution and defence by utilising their life experience and skills, rather than members of the public from the electoral roll who more than often become very confused with too much legal information.”