Cycling UK Forum

It's a real tragedy. The victim and killers were both in the Bridge of Orchy Hotel. The distance from the hotel to Auch estate where the killers were going is only around 3km. If the victim had left 10 minutes earlier he would have been past Auch and be alive.

I used to do shifts with a bike commute partly on fast rural roads. When finishing backshift I avoided the fast section by a detour along a canal bank turning my 9 mile commute to a 12 mile commute. My reasoning was that 11-12pm was in the peak drink driver window. I was never sure if I was being over cautious.

I now think probably not.

I don't have any difficulty understanding the sequence of events leading to the burial of the deceased rider.

Defendants were in drink, driving in bad weather on very familiar roads they assumed to be deserted when they collided with the cyclist. The intoxication affected their thinking and subsequent attempts to destroy the evidence left them with the body of the deceased and - as the intoxication wore off - a growing appreciation of the need to cover their tracks. Bear in mind that this wasn't a heavily-populated area but rather the back of beyond. They had the means and ability to bury the body where they were used to burying the waste from field sports.

What leaves me at a total loss is the later sequence of events which prompted one of the defendants to take the woman to the shallow grave. What did she say that led him to admit the crime to her and take her to where the most critical evidence had been hidden?
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PS

Forgot to say

I'm not familiar with the Scottish legal system and depend on those who are such as irc.

When I've searched for info about these proceedings over the last couple of days, I picked up from somewhere that somebody delivered a speech lasting an hour outlining the agreed evidence on which the the sentencing was being decided (presumably different from E&W where the prosecution outlines its case then the defence mitigates.)

A sixty minute speech must cover a lot of evidence and if anybody can link to a transcript I think it would be very informative

thirdcrank wrote: ↑30 Jul 2023, 9:04am

What leaves me at a total loss is the later sequence of events which prompted one of the defendants to take the woman to the shallow grave. What did she say that led him to admit the crime to her and take her to where the most critical evidence had been hidden?

So grotesque is the narrative, that it's almost plausible he did so because he thought it would impress her....

On the 'hour-long speech': this was delivered by the prosecuting counsel, and was 'a narrative jointly agreed by prosecution and defence'. Clearly, as you say, Scottish procedure. I haven't found a transcript, but the most detailed summary I've seen is at
https://www.obantimes.co.uk/2023/07/28/ ... d-cyclist/

ChrisButch wrote: ↑30 Jul 2023, 9:53am

thirdcrank wrote: ↑30 Jul 2023, 9:04am

What leaves me at a total loss is the later sequence of events which prompted one of the defendants to take the woman to the shallow grave. What did she say that led him to admit the crime to her and take her to where the most critical evidence had been hidden?

So grotesque is the narrative, that it's almost plausible he did so because he thought it would impress her....

On the 'hour-long speech': this was delivered by the prosecuting counsel, and was 'a narrative jointly agreed by prosecution and defence'. Clearly, as you say, Scottish procedure. I haven't found a transcript, but the most detailed summary I've seen is at
https://www.obantimes.co.uk/2023/07/28/ ... d-cyclist/

I think that is about as detailed a report as you will see, unless other reporters were in court. The Oban Times was indicating they would provide live coverage, when the trial was expected to go ahead. There might be some more details after sentencing, when reporting restrictions will definitely be no longer applicable.
There are surprisingly few written judgements from the Scottish Courts, including the High Courts. If there is one, it will appear here: https://www.scotcourts.gov.uk/search-ju ... high-court , although they are running about a year behind.
The young woman was initially described as ‘a fiancée’, so I think she was being introduced to ‘the family secret’. I would suggest bravado or conceit, rather than guilt was the reason for showing her the grave.
If you look into the details of McKellar senior’s court case, detailed up thread, he seems to have avoided the statutory penalties for both his serious offences, and been complemented by the Sheriff for his community service.
As a native of Argyll, I would suggest that there have always been families who seem ‘luckier’ than others and a mythology builds up that they are ‘invincible’. Perhaps that’s the case in any rural area? I’m saddened to think such a thing exists into the 21st Century- but I believe it was at the root of this whole series of events.

L+1

Thanks for that. I suppose I'm left doing my own reading between the lines.

thirdcrank wrote: ↑30 Jul 2023, 12:16pm L+1

Thanks for that. I suppose I'm left doing my own reading between the lines.

If you check reports of the earlier court appearances, you will get a stronger idea of what probably happened in reality. The Press and Journal wasn’t shy on reporting details.
Less specific charges at the actual trial has at least meant the full sordid details weren’t dragged over in public. No defences had to be brought forward, which would no doubt have involved some degree (probably a substantial degree) of victim blaming.
I’m quite surprised that the trial has passed off in such a low key manner, although I think the quality of forensic evidence produced for the prosecution was exemplary.
It’s interesting that at least one of Tony Parson’s children is an officer with Police Scotland. I would hope (though not totally convinced) everyone would get such a careful investigation of their disappearance- but I’m sure it was a contributing factor into the ‘smoothness’ which the trial was able to be conducted and concluded.

L+1

Thanks again. You seem well-informed about the background to this case although I may have read something and forgotten it during the several years since the deceased was first reported missing. eg I was unaware that a member of his family was serving with Police Scotland. That's just more lines to read between.

Probably best to keep my counsel

(With apologies for the clichés)

The whole thing feels like a darker episode of The League of Gentlemen, except that it is real. I just hope that the car hit the poor bloke good and hard so that he felt very little.

rareposter wrote: ↑31 Jul 2023, 2:12pm https://road.cc/content/news/family-sue ... ody-302881

In the absence of anything from anybody familiar with compo in Scotland, I think all that's being said here is that as this was a traffic collision with an insured motor vehicle on a road, then it may be viable to make a claim against the driver because the vehicle's insurance would cover the relevant payout.

The family have apparently instructed personal injury solicitors Digby Brown who advertise themselves as a leading company in Scotland

https://www.digbybrown.co.uk/road-traff ... ent-claims

In spite of some different legal lingo in Scotland, I doubt a motor insurance policy extends to a payout for things like the trauma of the deceased's body being buried to conceal the evidence of the driving offence.

There seems to be no end to the bizarre twists in this saga. We now have this:
https://road.cc/content/news/woman-who- ... ice-303371

ChrisButch wrote: ↑21 Aug 2023, 12:31pm There seems to be no end to the bizarre twists in this saga. We now have this:
https://road.cc/content/news/woman-who- ... ice-303371

Got to feel sorry for her - she risked everything (possibly including her life!) to come forward with that info.
If her now convicted ex-partner decides to take revenge on her for "betraying him" or whatever (and looking at the chilling and calculated way in which the disposal of the body and the covering up of the crime was done, you've got to admit that violent revenge is a distinct possibility) then yes, her life is very much in danger and she needs full on compensation (or at least a substantial reward) and potentially an entire new identity and location.

Driver jailed for 12 years:
https://www.bbc.co.uk/news/uk-scotland- ... l-66614488

I don’t usually go into “hang ‘em and flog ‘em” mode, but I can’t work out why what those guys did, particularly the failure to summon help for a seriously injured man, doesn’t attract a greater punishment. It’s one of those things that is so far off the edge of normal humanity as to be hard to get your head round.

I agree. It is off the scale of normal behaviour. You wonder about the upbringing, and the absence of empathy. I doubt anyone who acts like that can ever be safe for release, so having them back on the streets in just a few years does not seem right.