Information Commissioner backs decision not to name police on duty during mystery death
Northern Constabulary’s decision not to reveal the names of officers who were on duty over the weekend of a young Wick man’s mystery death has been backed by Scotland’s information commissioner.
Kevin Dunion ruled against the family of Kevin McLeod – who believe the 24-year-old was murdered.
His parents Hugh and June and his uncle, Allan McLeod, had been battling to have the names of the officers disclosed.
They claim an off-duty policeman was involved in an attack on Kevin shortly before he ended up in Wick harbour in February 1997.
Allan McLeod said yesterday that the ruling was another setback, but added that the family would not give up their quest to uncover the truth.
Mr Dunion’s office was contacted after Chief Constable Ian Latimer rejected the family’s request to see the roster of officers on duty at the time of Kevin’s death.
The commissioner upheld Allan McLeod’s freedom of information request two years ago and ordered the force to provide the names.
Mr McLeod said he wanted the details to help his family’s own inquiries, but the force appealed the commissioner’s verdict.
Northern Constabulary said Mr McLeod had never made it clear what his legitimate interest was in obtaining the information, and claimed there was good reason to suggest that his interest centred on continued harassment.
Mr Dunion said yesterday: “I have taken into account all of Mr McLeod’s reasons for requiring the information and the strong personal involvement, both of himself and his family, in investigating and understanding the circumstances surrounding the death of his nephew.
“In all the circumstances, I’m satisfied that Mr McLeod does have a legitimate interest in obtaining the withheld information and that the disclosure of the personal data would be necessary to fulfil these interests.”
But the commissioner added that this was outweighed by his obligation to uphold the officers’ rights to privacy.
Mr Dunion said: “Northern Constabulary state that there has been, over a period of many years, a pattern of abusive language, repeated and offensive communications, threatening behaviour and actual violence against a number of individuals in connection with the death of Kevin McLeod.
“I am satisfied that there is evidence of ongoing harassment against individuals involved in the investigation. I am also persuaded that the fears of the police officers of possible harassment are genuine and well-founded.”
Allan McLeod said at his home at Alness yesterday said: “We are bitterly disappointed that Mr Dunion has overturned his original decision to disclose the names of officers based in Wick at the time of Kevin’s death.”
He rejected the claims of ongoing harassment as “groundless”.