A Fife family’s campaign for a review of their son’s murder trial is gaining momentum.
Relatives of Barry McLean (27), who died from a stab wound in May 2011, believe there was a miscarriage of justice when Sean Kitchener was cleared of murdering him.
Kitchener’s plea of self defence was accepted by a jury at the High Court in Edinburgh.
However, Barry’s devastated father Alan, from Burntisland, claims he has evidence the verdict was flawed.
He has requested a meeting with Lord Advocate Frank Mulholland, and MSPs Claire Baker and David Torrance have written to Scotland’s senior law officer seeking clarity.
Mr McLean said: “There has been a catalogue of errors prior, during and after the trial.”
Electrician Barry was stabbed when he went with his brother, Craig, and uncle, Kevin Thomson, to Kitchener’s Burntisland flat to confront him over a fight the night before. Kitchener claimed the three were armed with weapons but no evidence of this was found.
Mr McLean said: “So many people ask how a self defence plea could be allowed when there was no evidence that these weapons existed.
“We can’t believe the jury never saw this. Because we didn’t get justice or closure, this has really affected my family.”
Mrs Baker said: “Losing a son in such tragic circumstances has been extremely difficult for the McLean family, who believe there has been a miscarriage of justice. Their solicitor has written to the Crown Office and I have written to the Lord Advocate highlighting their concerns.”
Mr Torrance said: “I have written to the Lord Advocate raising the family’s concerns and asking him to look into the circumstances surrounding this trial.”
A spokesman for the Crown Office said: “The Solicitor General is leading a review programme by the Crown Office and Procurator Fiscal Service of unresolved homicides that may qualify for an application under the Double Jeopardy Scotland) Act 2011.
“This programme is under way and being conducted by our Cold Case Review Unit. COPFS will make full use of the new legislative powers in qualifying cases.
“We will continue to liaise with families and next of kin involved in these cases.
“There is a risk of prejudicing fresh prosecutions by commenting further on individual cases or providing details on how a particular case is being dealt with. It would therefore be inappropriate to comment further at this time.”