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People go missing in the Highlands a lot for many different reasons.
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Usually they're found pretty soon.
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What was unusual was that he was not found.
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Mountain rescue teams are searching for a man...
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Tony Parsons was last seen late on the night...
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...at the Bridge de Bourque Hotel.
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He was taking part in a charity cycle ride.
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No trace was ever found of him or his bike.
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I kept thinking he would just walk in.
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I didn't want to think about it being bad.
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Where the hell are you? What has happened?
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Loads of questions, unanswered.
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Somewhere on that stretch of road...
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Tony Parsons vanished off the face of the earth.
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We spent three years coming to terms with the fact that my dad wasn't coming home.
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And then all of a sudden one phone call flipped everything upside down.
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There's a lot of detail in that initial call that starts to make you think this could actually be genuine.
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What's your name, please?
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What's your name, ma'am?
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Dr Caroline Newerhead.
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Our ex-partner had told her the biggest secret I have is that I've killed somebody.
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I can't believe it would be by casting a body.
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All the information tends to tie up.
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They need to be arrested.
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What can you tell me about your involvement in the disappearance of Anthony Parsons?
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But what's a crime going to be at this point?
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We don't have a body.
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We don't have a cause of death.
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We've only got the story that Caroline's told us.
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Robert, I'm bringing this interview to a conclusion, but the investigation is far from over.
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We need to act on this and we need to move it now.
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We need to go and find this body.
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The three years, not having my dad, not knowing where he is or what's happened, that literally eats you up
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from inside.
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Having to wait three years, three years of thinking, well, we're never going to find him again.
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We're never going to be able to grieve.
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I just got a phone call from a detective inspector asking to speak to me.
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We were told that credible intelligence had come in.
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We got informed that the police were going to be excavating a piece of land.
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Caroline had dropped a can of Red Bull marking that spot where Tony Parsons was buried.
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The Red Bull can was her starting point.
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But she had been given further specific information from Sandy that standing at that point, looking in a particular direction,
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looking at a landmark in that direction and a number of metres from that point, that is where he indicated
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it's where the body was.
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It was three years since this body had been buried there, so to the untrained eye, all the ground looked
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the same.
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The plan moving forward was a case of who do we need to help us here?
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External specialists, because we need people who can provide their expertise with ground conditions, who can assist us with digging
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and filtering through earth.
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And that's where Professor Lorna Dawson came in.
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All cases that you work on are special and distinctive and unique.
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But there is something about this particular investigation that will stay with me forever.
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I got a phone call from the SIO.
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They asked me if I could go along to the site and see if there were any clues with the
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soil or the vegetation.
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And whether there might be an area where someone might have been buried a few years ago.
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The location was remote.
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There was snow covering the mountains.
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And there were no sounds but the wild animals, the birds.
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And I think that's quite important because if someone was trying to dispose of a body, you could be there
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and no one would see you digging a grave.
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When you got there and you saw the red bull can, it was moorland, it was heath, heather.
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There was a track and either side of the track there were clumps of vegetation.
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But there was an area of about two metres by one metre.
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It had obviously been disturbed fairly recently because the soil was mixed up so that the dark, deep peat was
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exposed.
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And it had left an impervious surface. The water sat on that peat. And because it was so cold, ice
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had formed.
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That was unusual because it was the only bit that had ice and moss only. All the other areas had
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shrubs.
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It was her professional opinion. That's a deposition site there where Tony has potentially been put.
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You could see that something had gone on there.
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I thought it supported what the witness had told the police.
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That's the area that the excavation has to focus on.
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You know you're looking for somebody's loved one and they are relying on you for answers.
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It's a very heavy burden to carry.
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So there was quite a large team of experts required. Forensic archaeologists, they were able to very carefully skim off
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using tiny brushes and tiny spatulas.
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Layers, centimetres deep. And each of those layers could be carefully looked through just to make sure that we didn't
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lose any potential evidence.
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It was a very methodical, very structured event.
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But as we went down, I'll always remember the moment where we saw this little piece of red fabric.
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That was the colour of the fabric that Mr Parsons was wearing when he was last seen cycling home that
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day.
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I'm getting goosebumps down my back again here talking about it.
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Immediately everything was stopped and a phone call went in back to senior management.
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And we've got the sleeve of a red jacket here.
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Carefully the two anthropologists removed the peat from around Mr Parsons.
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And it is an image that will stay with me.
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Mr Parsons was about 50 centimetres down.
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It's quite a cold, constant temperature at that depth.
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The preservation of the cold, wet peat had kept Mr Parsons so well that he still looked like the images
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of him on the day that he disappeared.
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That was Tony. When I saw him face to face, that was Tony.
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You want to know the answers, but realistically, you don't.
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And it's not a case of that you're thinking about yourself.
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You suddenly become, how am I going to look after everybody else?
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When you're having to stand there and watch your mum absolutely break down, it's tough.
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It really is tough.
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They came out and they told me that they'd found Tony.
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Obviously my words were, are you sure?
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Are you sure?
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And they said yes.
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The injuries that Tony had were horrific.
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My mum was an absolute wreck.
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Because at that moment, all her hopes of ever having that possibility of seeing my dad again were just gone.
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There was nothing left.
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We had Mountain Rescue in with us to lift Tony's body.
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The weather was atrocious that day. It was very low cloud cover.
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We got everybody into position.
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Everyone had to be done right.
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And there was suddenly a shout.
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And it was the diggermen.
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Guys, stop. Look.
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Now, all morning, you couldn't see the hills surrounding you.
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And at that point in time, the cloud had lifted and we must have been surrounded by about 40 red
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deer.
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We are standing there, ready to lift Tony out of there, and these wild animals, they're just standing watching us.
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We all just took a breath, looked at each other, and then that was it.
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We lifted Tony up and out.
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It was quite a moment.
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We're all made up of molecules, these elements that make us our body.
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But there is the soul.
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It could have gone unsolved.
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It could have still been in that cold, dark place alone.
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Once you've put a loved one to rest, they are at rest and the family have somewhere to go and
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grieve.
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I didn't personally feel that bad about it.
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Because I'd expected it.
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I had been waiting three and a half years for that news.
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So it wasn't as big a shock.
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Being told that he was found buried.
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That made me feel physically sick.
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How?
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Why?
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Where Tony was recovered was an area where there was kill pits.
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It's where the farmer or the gamekeeper will dig a pit, basically, and dispose of fallen livestock.
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Anything that had been shot by sporting tourists, basically, on the estate that wasn't required for meat,
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was disposed of by the estate in this kill pit.
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The worst can't describe what would go through somebody's head to put another human being into that position.
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They're horrible.
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The family of a grandad whose remains were found in Argyle more than three years after he went missing say
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they'd been left devastated by his death.
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We didn't know the details.
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A lot of it was kept from us, obviously, because it was an ongoing investigation.
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The recovery of the remains is a massive, massive moment in the investigation.
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But for us, it's literally just the start.
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The end goal for us is to find the evidence to convict Sandy and Robert for whatever's happened here.
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There are two different perspectives on this story.
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You've got the inner one.
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The people at the centre of this criminal investigation know what happened.
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The police are figuring it out.
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And then outside that, you've got the rest of us.
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And as a reporter, our job is to try to get the inside story and bring it out.
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Why haven't these two men been charged?
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Why are they back out into their communities?
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What's going on?
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The boys went to school here.
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They had a huge group of friends here.
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Everybody knew them.
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People knew their parents.
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No one could quite believe the calculated way in which this appeared to be unfolding at that time.
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That not only had this poor man been killed, but he had also been killed in a way where his
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body was hidden.
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If you were to tell this story to anybody who doesn't work in our field of work,
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you would probably think, well, he's told his girlfriend that this is where the body is.
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She's told the police and lo and behold, the police have dug in that location and found the body.
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But we can't just jump to the conclusion that because he told Caroline that it was him and his brother
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who were responsible for this,
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then that must be true. Other people could be involved here.
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At that point, it becomes a whole new dynamic of investigation.
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Don't bury yourself in a peat bog, so we know we're dealing with criminality.
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It's just exactly what crimes do we have, what we're looking to prove, what we're looking to show.
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There wasn't any DNA found on any of the clothing or on the body itself to link it back to
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the people responsible.
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We've got a story, but we don't have a case. We've got to find evidence that links them to this
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crime.
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The car Sandy had been driving that night had been seized, but then we were able to do quite a
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lot of inquiry round about it.
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And we were able to actually, believe it or not, track back and we were able to show that that
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car did have damage on the night that Anthony Parsons went missing.
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Other people who worked in the Orca Estate were able to see the significant damage to the car before it
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was taken away to be repaired.
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Sandy and Robert had given the explanation that they struck a deer that night.
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And that was really significant because we were able to establish that every time that car had been damaged previously,
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through the insurance, it had went to a specific garage to be repaired.
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On this occasion, the vehicle didn't go to that place. There was no report to the insurance.
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That was really, really interesting because if you had just struck a deer, why would you not claim your insurance?
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Not only that, the place the vehicle had been taken to for repair was miles away.
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Actually, the garage owner still had images.
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That car did have near-side damage to it, which would be consistent of where they would have struck a
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cyclist.
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It just adds another wee piece to the puzzle and another wee piece of evidence required to convict these individuals.
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When my dad was found, we found out at that point that it was potentially a road accident and that
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my dad had been struck.
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One of the hardest things going through all of this was the fact that we didn't know the details.
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Because of our profession, my brother and I, being in the police, we also knew, don't ask questions.
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When the inquiry seized their mobile phones, we could see the conversations that were going on between the brothers and
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other people.
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We then found a video. You could see the dashboard, the cockpit of a 4x4 truck.
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And it was on that stretch of road, heading between the bridge of Orkey to Tyndrum.
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And you saw a hand lifting up a can of tenants, shouting cheers and laughing.
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And I remember myself and my colleague that were looking at the phones, we couldn't believe what we were seeing
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in front of us.
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This is a joke to them. Quite sickening, to be honest with you.
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There was also text messages and social media comments that tended to suggest other people knew more about the circumstances
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than they were telling us.
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One person said, I think about this all the time. I'm relatively local and we've known who did it for
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ages.
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They were drunk driving, hit Tony and buried his body on their property.
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Someone tipped off the police, hence them searching and finding the body.
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So it suggests that there was a lot of local knowledge.
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Whilst all of this was ongoing, the relationship between Caroline and Sandy continued.
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I think Caroline thought that she had to try and get more evidence for us.
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As part of that, she would re-engage with Sandy.
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She was so involved with wanting to help.
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Obviously, first and foremost, we were just really concerned about her and her safety.
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But she supplied us with her phone and supplied us with recordings which were entered as part of the evidence.
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She talks at one point and Robert definitely told her that when they got out of the car, there was
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a moan coming from the body and he was obviously still alive.
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That then tied in with the information we received from the expert pathologist.
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It was quite upsetting pathology results because there probably could have been a period of up to half an hour
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for which he would have been alive after the point of impact.
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The last thing you want to think is that that was somebody's last half hour.
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He would have known he was dying and he would have known he was in the middle of nowhere and
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he would have known there wasn't help coming.
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And that's really sad.
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At the point in time when they have realised that he is at the side of the road and is
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still alive, a reasonable person would be making a decision to get somebody help.
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To see if he had just phoned 999 and held his hand and told him it was going to be
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okay in that last half hour, well, you know, that's what most people would do.
232
00:19:31,500 --> 00:19:38,040
Tony may have died anyway, but they had decided he was definitely going to die and this was crucial in
233
00:19:38,040 --> 00:19:40,060
determining what charges would be relevant.
234
00:19:51,580 --> 00:19:56,760
The first question for the prosecution service is whether a crime has been committed.
235
00:19:56,760 --> 00:20:04,380
Now when human remains are found in a remote area, buried in a peat bog, that obviously gives rise to
236
00:20:04,380 --> 00:20:07,660
the likelihood that a criminal act has been committed.
237
00:20:08,340 --> 00:20:12,040
The next challenge was to decide what the nature of that crime was.
238
00:20:13,460 --> 00:20:19,260
Murder in Scotland can be committed in one of two ways, one with a wicked intention to kill.
239
00:20:19,620 --> 00:20:26,320
The person that shoots someone else dead without any justification would be guilty of murder and there's no difficulty with
240
00:20:26,320 --> 00:20:26,620
that.
241
00:20:26,760 --> 00:20:36,180
Equally, if the attacker demonstrates such wicked recklessness as to demonstrate that he does not care whether the victim lives
242
00:20:36,180 --> 00:20:38,960
or dies, then that can amount to murder too.
243
00:20:39,460 --> 00:20:44,000
Robert and Sandy did not set out to kill Tony Parsons.
244
00:20:44,820 --> 00:20:50,640
But when they've struck him with a vehicle, if the evidence suggests he was still alive at that point, they
245
00:20:50,640 --> 00:20:54,880
can look at the state of Tony at that point in time and maybe reach the conclusion in their mind,
246
00:20:55,020 --> 00:20:56,740
it's unlikely he'll survive.
247
00:20:57,100 --> 00:21:00,000
But if you're not medically qualified, how can you make that decision?
248
00:21:01,560 --> 00:21:10,480
This was not straightforward. If Mr. Parsons was killed instantly, then the charge would probably have simply been causing death
249
00:21:10,480 --> 00:21:17,460
by dangerous driving because there's no suggestion that the accused set out to kill Mr. Parsons.
250
00:21:17,460 --> 00:21:25,380
The difference with this case was that knowing he was alive after the collision, they decided not to recruit help
251
00:21:25,380 --> 00:21:25,760
for him.
252
00:21:26,300 --> 00:21:33,880
They have formed a plan in their mind to put him into the ground and conceal this fact forever. It's
253
00:21:33,880 --> 00:21:37,940
a sliding doors moment and that's where the murderous intent comes in.
254
00:21:39,940 --> 00:21:43,000
It seemed to me that an argument could be made out for murder.
255
00:21:57,040 --> 00:22:01,920
You're not bound to answer, but if you do, your answers will be recorded and may be noted and may
256
00:22:01,920 --> 00:22:03,380
be used in evidence. Do you understand?
257
00:22:03,380 --> 00:22:04,140
I do, yes.
258
00:22:04,480 --> 00:22:09,320
The time is 15.08 hours on Tuesday 1st December 2021.
259
00:22:09,880 --> 00:22:14,600
At this time we're going to interview room number 4 at London Road Police Office.
260
00:22:14,900 --> 00:22:15,020
Yep.
261
00:22:15,740 --> 00:22:16,820
Can you confirm your name?
262
00:22:17,340 --> 00:22:18,920
It's Alexander Gardner McKaylor.
263
00:22:19,200 --> 00:22:19,700
Your age?
264
00:22:19,900 --> 00:22:20,700
It's 29.
265
00:22:21,580 --> 00:22:23,280
Can I ask you your name please?
266
00:22:23,700 --> 00:22:24,580
Yeah, Robert McKaylor.
267
00:22:24,840 --> 00:22:25,700
And your age, please Robert.
268
00:22:26,540 --> 00:22:29,380
This is 11 months down the line from the first arrest.
269
00:22:29,860 --> 00:22:33,820
On this occasion the two twins were arrested that morning for murder.
270
00:22:36,100 --> 00:22:41,940
When we first spoke to them we had a lot more limited information, but much further down the line we
271
00:22:41,940 --> 00:22:43,820
obviously had a full case built against them.
272
00:22:43,960 --> 00:22:47,940
So it was to bring them in and put all the evidence that we had to them to see if
273
00:22:47,940 --> 00:22:50,700
they would provide us with what had happened in their own words
274
00:22:50,700 --> 00:22:54,020
or if they would tell us how they could live so long without telling anyone what Tony was.
275
00:22:54,020 --> 00:22:59,540
You're now going to be asked questions about your involvement in the murder of Anthony Parsons in attempting to defeat
276
00:22:59,540 --> 00:23:00,420
the course of justice.
277
00:23:00,760 --> 00:23:05,320
You're not bound to answer, but if you do, your answers will be recorded and may be noted and may
278
00:23:05,320 --> 00:23:06,040
be used in evidence.
279
00:23:06,200 --> 00:23:06,780
Do you understand?
280
00:23:07,140 --> 00:23:07,680
I do, yes.
281
00:23:07,680 --> 00:23:07,960
Okay.
282
00:23:08,160 --> 00:23:12,020
They probably both spent those 11 months wondering when we're coming back.
283
00:23:12,180 --> 00:23:16,940
And I think there maybe was a little bit of thinking they'll maybe never charge us with us or they'll
284
00:23:16,940 --> 00:23:18,080
never prove it happened.
285
00:23:19,140 --> 00:23:23,880
I think by the time they come to these interviews 11 months later they're probably a lot more worried about
286
00:23:23,880 --> 00:23:25,340
what's going to be presented to them
287
00:23:25,340 --> 00:23:30,180
and Sandy certainly doesn't look as polished. He looks like a man that's had a really tough 11 months.
288
00:23:32,040 --> 00:23:35,100
He doesn't have the same confidence.
289
00:23:35,100 --> 00:23:41,040
He's got the crossed arms, hands right in close to, a torso on his chest and you can tell he's
290
00:23:41,040 --> 00:23:42,360
really, really uncomfortable here,
291
00:23:42,600 --> 00:23:44,300
which is different from how he was before.
292
00:23:45,960 --> 00:23:46,920
You know who that is?
293
00:23:48,720 --> 00:23:51,740
Just look at that picture and think what you did to him.
294
00:23:52,480 --> 00:23:53,280
He's family.
295
00:23:56,720 --> 00:23:57,620
Can you see the photo?
296
00:23:58,060 --> 00:23:58,500
Mm-hmm.
297
00:23:59,160 --> 00:23:59,920
Can you see the man?
298
00:24:04,140 --> 00:24:08,880
The man that's got a family, that's got a wife, that's got kids.
299
00:24:09,160 --> 00:24:11,860
It's not just a photo, it was a person that had that life.
300
00:24:12,640 --> 00:24:13,180
Of course.
301
00:24:13,820 --> 00:24:19,980
But your actions, albeit if you had been knocked off a bike, your actions could have kept that man alive
302
00:24:19,980 --> 00:24:22,040
and you chose not to.
303
00:24:23,280 --> 00:24:25,760
Because your need was greater than his.
304
00:24:28,700 --> 00:24:33,300
And that family behind that picture have waited three years to get an answer.
305
00:24:33,560 --> 00:24:39,900
Over three years, they're now nearly on four years to get an answer to what happened to their dad.
306
00:24:40,500 --> 00:24:41,740
I understand that.
307
00:24:42,240 --> 00:24:42,760
Do you?
308
00:24:43,100 --> 00:24:43,780
Mm-hmm.
309
00:24:44,780 --> 00:24:46,120
What's your understanding of that?
310
00:24:47,140 --> 00:24:47,620
I don't know.
311
00:24:51,100 --> 00:24:56,180
Do you genuinely have no remorse that you've killed a man in bed and leaving his family without any idea
312
00:24:56,180 --> 00:24:57,440
where he was for three years?
313
00:24:57,640 --> 00:24:58,260
No, come on.
314
00:24:59,300 --> 00:25:02,140
I don't think at any point you have an understanding of that.
315
00:25:06,140 --> 00:25:09,360
I think you just see a picture on there and you don't see anything behind it.
316
00:25:09,640 --> 00:25:11,360
There's nothing else inside the person you are.
317
00:25:14,800 --> 00:25:15,500
Are they correct?
318
00:25:16,360 --> 00:25:16,900
No problem.
319
00:25:19,780 --> 00:25:23,860
One of the things from Robert's interview is the work we go into round about the truck.
320
00:25:24,720 --> 00:25:29,120
I think there's almost like that belief where people don't think you're going to quite dig as much as you
321
00:25:29,120 --> 00:25:29,560
do dig.
322
00:25:30,160 --> 00:25:30,820
Did Robert speak?
323
00:25:32,020 --> 00:25:33,420
No, he didn't.
324
00:25:33,600 --> 00:25:38,400
He never gave us anything significant and neither did Sandy, to be honest with you.
325
00:25:40,180 --> 00:25:44,060
The only real reaction from Sandy during the interview was when the recordings were played.
326
00:25:44,260 --> 00:25:48,080
The recordings that we had retrieved from Caroline Muirhead.
327
00:25:48,600 --> 00:25:51,240
We seized our laptop, which was later examined.
328
00:25:51,500 --> 00:25:56,180
We won the laptop with several recordings, including a conversation between you and her
329
00:25:56,180 --> 00:25:59,500
in the morning of the 24th of February 2021.
330
00:26:00,180 --> 00:26:03,420
So that's going to be one of the hotel clubs out here.
331
00:26:15,000 --> 00:26:19,120
In all conversations, no ones do you deny being responsible.
332
00:26:19,460 --> 00:26:20,820
Why not if you don't listen?
333
00:26:21,160 --> 00:26:21,720
No problem.
334
00:26:22,680 --> 00:26:26,520
You state it was either in my life or his. What did you mean by that?
335
00:26:27,680 --> 00:26:30,880
It doesn't sound like you, to be honest. It sounds like it's been an escort.
336
00:26:32,700 --> 00:26:33,580
It's enhanced.
337
00:26:33,900 --> 00:26:36,100
He wasn't happy to accept that it was him.
338
00:26:36,400 --> 00:26:38,140
It's silly on me that's had that conversation.
339
00:26:39,100 --> 00:26:42,240
The enhancement's went to forensic law. It's all been checked.
340
00:26:42,660 --> 00:26:45,040
I can't explain it, sorry.
341
00:26:45,580 --> 00:26:51,000
To actually hear a recorded conversation, that's probably why he's reacted to that at that point,
342
00:26:51,000 --> 00:26:53,980
when it's actually been put in front of him and he knows it's real.
343
00:26:54,500 --> 00:26:58,200
We continue, fucking stupid cunt, shouldn't have been there.
344
00:26:58,940 --> 00:27:01,840
Zero remorse for Mr. Parsons or his family.
345
00:27:02,460 --> 00:27:04,440
Have you no regrets about what we've done?
346
00:27:04,780 --> 00:27:05,480
Knock on it.
347
00:27:06,440 --> 00:27:11,000
When you've been immersed in an inquiry like that for 11 months, when you reach the stage
348
00:27:11,000 --> 00:27:14,580
whereby you know you're going to get it over the line and you're going to get a conclusion
349
00:27:14,580 --> 00:27:17,200
to your investigation, there's a sense of satisfaction.
350
00:27:18,180 --> 00:27:22,660
Terminating the interview with Alexander McCaylor within one demo police station.
351
00:27:23,660 --> 00:27:27,860
From the 11 months between first interview and second interview, Robert and Sandy were very
352
00:27:27,860 --> 00:27:32,940
much out in the community, still living lives. But from this date, we're pretty confident
353
00:27:32,940 --> 00:27:33,740
that they've been demanded.
354
00:27:34,000 --> 00:27:39,680
Okay, the time is now 18.55. Well, it's now concluding the interview with Robert McCaylor.
355
00:27:40,640 --> 00:27:44,740
Ultimately, that's what you've spent a year working on. That's what the long nights or the time away
356
00:27:44,740 --> 00:27:49,080
for your family is all about, just trying to get to that point. So it's a really, really satisfying moment.
357
00:27:49,680 --> 00:27:55,740
It's probably one of the best parts of the job, when you're able to charge somebody with a serious crime.
358
00:27:59,660 --> 00:28:05,800
Both were charged with murder and attempting to defeat the ends of justice in terms of
359
00:28:05,800 --> 00:28:09,160
disposing of the body afterwards in the manner in which they did.
360
00:28:20,920 --> 00:28:25,660
Once McCaylor twins had been charged with murder, the family of Tony Parsons have to be advised
361
00:28:27,520 --> 00:28:30,620
that opens a lot of questions and thoughts.
362
00:28:35,660 --> 00:28:43,400
It's strange to think murder and being told that someone's being charged with murder of my dad
363
00:28:44,100 --> 00:28:47,660
because we don't know how, what happened.
364
00:28:49,560 --> 00:28:54,260
They're thinking, if it's murder, it must be deliberate. They must have deliberately killed him.
365
00:28:54,260 --> 00:28:59,280
So have they deliberately ran him off the road? Has there been a fight or disturbance beforehand?
366
00:29:01,300 --> 00:29:06,680
We were asking all the questions and still getting told, no, it's an ongoing investigation.
367
00:29:08,180 --> 00:29:14,400
Which I totally understand, totally get. But again, it fills your head with even more scenarios.
368
00:29:25,100 --> 00:29:29,880
I was asked to represent the interests of Alexander Sandy McKellar.
369
00:29:29,880 --> 00:29:35,820
I saw him in prison where he had been remanded at that stage.
370
00:29:37,240 --> 00:29:43,540
I thought it would resolve by way perhaps of a plea causing death by dangerous driving
371
00:29:43,540 --> 00:29:48,000
and also a very serious attempt to prevent the course of justice.
372
00:29:48,280 --> 00:29:54,620
Because the body had been effectively hidden for a period of around about three years.
373
00:30:07,560 --> 00:30:13,760
The Crown had made a decision that they were going to indict both brothers for murder.
374
00:30:16,160 --> 00:30:18,980
It wasn't an obvious murder to me.
375
00:30:19,480 --> 00:30:25,620
The Crown case was that their actings were wickedly reckless and therefore they were guilty of murder.
376
00:30:26,520 --> 00:30:33,040
On that occasion, the first accused offered to plead guilty to causing death by dangerous driving.
377
00:30:33,040 --> 00:30:36,160
There was no dispute about the fact that Sandy was the driver.
378
00:30:36,660 --> 00:30:42,020
And so that was submitted. The Crown did not indicate they were going to accept that.
379
00:30:42,240 --> 00:30:49,540
I rejected that plea. I did not think that that was adequate in the whole circumstances of the case.
380
00:30:57,820 --> 00:31:00,980
The trial was actually set at the High Court in Glasgow.
381
00:31:02,020 --> 00:31:03,780
It's obviously the highest court in the land.
382
00:31:04,040 --> 00:31:06,680
It's a very significant high profile case.
383
00:31:07,240 --> 00:31:08,800
There's a lot of media interest.
384
00:31:09,100 --> 00:31:12,040
And that was obviously increasing as the trial was approaching
385
00:31:12,040 --> 00:31:14,980
when all the intricacies of the story would have come out.
386
00:31:24,700 --> 00:31:28,200
It's difficult to imagine the agony that the family went through
387
00:31:28,200 --> 00:31:32,660
in not knowing where Mr. Parsons was and what happened to him.
388
00:31:33,720 --> 00:31:36,920
That just compounded as time went on.
389
00:31:37,720 --> 00:31:41,600
My task is to present the evidence openly and fairly,
390
00:31:41,600 --> 00:31:45,480
but the jury will be told that sympathy plays no part in this
391
00:31:45,480 --> 00:31:49,820
and neither does morals because it's a court of law and not a court of morals.
392
00:31:55,800 --> 00:32:01,120
When the McKellar brothers first came up into the dock and they took their seat,
393
00:32:02,300 --> 00:32:03,840
I watched their every move.
394
00:32:04,440 --> 00:32:07,100
I wanted to know whether or not they were going to look at us.
395
00:32:07,800 --> 00:32:08,780
They didn't.
396
00:32:09,500 --> 00:32:11,740
Stern kept looking straight at the head.
397
00:32:13,640 --> 00:32:16,160
And all I wanted to do was to say to them,
398
00:32:16,540 --> 00:32:17,180
why?
399
00:32:22,160 --> 00:32:26,400
As a family, we've had nothing from them.
400
00:32:27,600 --> 00:32:33,380
When you've done that, the impact that that has had, the ripple effect of that night,
401
00:32:33,600 --> 00:32:40,160
has impacted me, my sister, my mum, my children, you know, my dad's friends.
402
00:32:42,060 --> 00:32:47,140
There was a group of us went through to the trial and we sat not far,
403
00:32:47,240 --> 00:32:49,800
two or three rows behind them and we were watching them.
404
00:32:50,020 --> 00:32:55,080
They came in all clean shaven, wearing suits, trying to look respectable and everything else.
405
00:32:55,760 --> 00:32:58,160
But you could tell it was pure arrogance.
406
00:32:59,820 --> 00:33:01,200
I knew I couldn't approach them.
407
00:33:02,520 --> 00:33:05,360
But I just wanted to see them react.
408
00:33:06,180 --> 00:33:08,380
I wanted to know what was going through their mind.
409
00:33:13,160 --> 00:33:19,300
The evidence was that Mr. Parsons was alive after the collision and that the accused knew that.
410
00:33:19,540 --> 00:33:24,740
But it was not a straightforward case by any means and it would be difficult to present to the jury.
411
00:33:25,780 --> 00:33:31,460
Call the Diet. His Majesty's advocate against Alexander McKaylor and Robert McKaylor, please be seated.
412
00:33:33,320 --> 00:33:33,780
I have a deputy.
413
00:33:34,440 --> 00:33:35,260
Thank you, my lord.
414
00:33:35,500 --> 00:33:38,620
I regret that I move that the case be adjourned until tomorrow morning.
415
00:33:39,440 --> 00:33:40,300
Very well, thank you.
416
00:33:45,480 --> 00:33:49,360
The Crown were having difficulties in citing Caroline to appear for the trial.
417
00:33:50,260 --> 00:33:54,720
Caroline was the key to this in terms of the evidence that she had gathered.
418
00:33:54,720 --> 00:34:01,060
through the course of her relationship with Sandy and the manner in which she had been assisting the police investigation.
419
00:34:01,120 --> 00:34:07,300
So there was a bit of anxiety as to how things would go at the trial in relation to Caroline
420
00:34:07,300 --> 00:34:08,300
providing her evidence.
421
00:34:21,060 --> 00:34:26,860
The second day is the day when the jury turns up and actually are put into the jury box and
422
00:34:26,860 --> 00:34:27,260
so on.
423
00:34:28,080 --> 00:34:34,200
Caroline had been cited to attend and she hadn't turned up.
424
00:34:40,080 --> 00:34:50,980
The trial was underway and I actually got a phone call from the brother's father to say, Caroline's here, she's
425
00:34:50,980 --> 00:34:51,580
on the estate.
426
00:34:53,040 --> 00:34:57,140
I said, what do you mean she's on the estate? I knew that that was the day that she had
427
00:34:57,140 --> 00:34:59,060
to go to court to give evidence.
428
00:34:59,860 --> 00:35:08,480
To pin your murder charge on that particular witness was a wee bit of a surprise to me, I think.
429
00:35:09,260 --> 00:35:14,020
They last saw her heading up into the valley towards Loch Lyon.
430
00:35:14,020 --> 00:35:21,860
I let my supervisors know immediately. You'd better phone the Crown. Caroline is nowhere near Glasgow High Court.
431
00:35:22,320 --> 00:35:30,080
She was effectively missing and clearly everybody was concerned about what had happened to her, where she was.
432
00:35:30,080 --> 00:35:34,700
It just so happened that one of the gamekeepers and an officer were going up this side of the law
433
00:35:34,700 --> 00:35:36,100
and Caroline was found.
434
00:35:39,540 --> 00:35:44,260
In these circumstances, I invite his Lordship to adjourn until tomorrow morning.
435
00:35:44,680 --> 00:35:49,200
Well in the whole circumstances, I'm inclined to grant the motion.
436
00:35:49,200 --> 00:35:54,920
We'll adjourn until 10 o'clock tomorrow morning and we will assess the situation at that point.
437
00:36:00,180 --> 00:36:03,700
She was clearly struggling to deal with the circumstances on that particular day.
438
00:36:05,160 --> 00:36:10,120
This case has been different. Every single hour of every single day I've worked on it.
439
00:36:10,120 --> 00:36:15,500
Right to the end and during the trial, it was a pretty unique set of circumstances.
440
00:36:32,160 --> 00:36:34,900
We thought the two of them were going to be charged with murder.
441
00:36:35,540 --> 00:36:37,360
But I think it was day three.
442
00:36:38,720 --> 00:36:44,040
I just felt that something weren't right here.
443
00:36:45,080 --> 00:36:47,080
You know, I just had that feeling.
444
00:36:48,080 --> 00:36:48,680
I've got depured.
445
00:36:49,280 --> 00:36:49,980
Thank you my Lord.
446
00:36:50,380 --> 00:36:54,300
My Lord, I'm grateful for the extra time afforded today.
447
00:36:54,380 --> 00:36:58,640
And I can advise that there has been a development in the case.
448
00:36:58,900 --> 00:37:01,840
And I would propose to amend the indictment.
449
00:37:03,980 --> 00:37:07,700
Recognising that approving the murder charge was not going to be straightforward,
450
00:37:08,320 --> 00:37:14,140
it did seem to me that a charge of culpable homicide would be sufficient in the circumstances of this case.
451
00:37:14,500 --> 00:37:20,080
My Lord, in relation to charge number one in line 11,
452
00:37:20,780 --> 00:37:24,580
to delete the word murder and substitute the word kill.
453
00:37:32,840 --> 00:37:34,300
No, Mr McConaughey.
454
00:37:34,620 --> 00:37:40,220
Yes, ma'am. I have instructions to tender a plea of guilty to charge one,
455
00:37:41,640 --> 00:37:44,880
which is, as your Lordship is aware, now a charge of culpable homicide.
456
00:37:45,500 --> 00:37:51,740
And that was then accepted with the result that the case did not go to a jury as a trial,
457
00:37:51,960 --> 00:37:53,100
but was a guilty plea.
458
00:37:54,120 --> 00:37:57,320
Okay, my Lord, those pleas are acceptable to the Crown.
459
00:38:02,180 --> 00:38:11,160
The difference between a conviction for murder and a conviction for culpable homicide is huge.
460
00:38:12,000 --> 00:38:16,580
And also the fact that Sandy's brother would no longer be on the homicide charge.
461
00:38:16,880 --> 00:38:19,560
They were two very important factors.
462
00:38:19,920 --> 00:38:24,880
It probably wasn't a particularly difficult decision for Sandy to make,
463
00:38:24,880 --> 00:38:29,860
even although he knew the outcome would be he would get a significant custodial sentence.
464
00:38:30,240 --> 00:38:33,460
A change of plea by the accused is not an unusual thing.
465
00:38:33,660 --> 00:38:37,160
We do strive to try and avoid that happening at the trial.
466
00:38:37,480 --> 00:38:41,060
It's unfortunate that it happens at that late stage, but it does happen.
467
00:38:41,340 --> 00:38:45,940
Well, I can see why it happened, because if you went for murder and you couldn't prove it,
468
00:38:45,940 --> 00:38:48,140
then there's a chance they would get enough.
469
00:38:49,440 --> 00:38:50,560
Don't make it right.
470
00:38:50,560 --> 00:38:50,920
Don't make it right.
471
00:38:52,220 --> 00:38:57,320
When we found out that the McKellars had made a plea.
472
00:38:58,120 --> 00:39:03,320
That didn't sit well with me, my initial thought was,
473
00:39:04,420 --> 00:39:07,780
they're going to go down, and they're taking the truth with them.
474
00:39:09,480 --> 00:39:16,360
So by playing not only have they robbed me of my father, but they've robbed me of knowing the truth.
475
00:39:16,360 --> 00:39:25,460
When I move for sentence, his lordship will see that the previous convictions for Alexander
476
00:39:25,460 --> 00:39:35,340
McKellar are dangerous driving, driving with an excess of alcohol, and in 2012 he was convicted
477
00:39:35,340 --> 00:39:37,000
of careless driving.
478
00:39:38,500 --> 00:39:46,940
My lord, I would propose that the Crown and Defence prepare an agreed narrative because
479
00:39:46,940 --> 00:39:51,160
the case is fairly complex and there's quite a bit to say.
480
00:39:51,400 --> 00:39:54,380
There would be insufficient time to conclude that today.
481
00:39:55,060 --> 00:39:55,780
Thank you very much.
482
00:39:58,100 --> 00:39:58,620
Lord!
483
00:40:01,200 --> 00:40:05,520
When they get out of jail, they're going to go back to life as if nothing's happened.
484
00:40:06,640 --> 00:40:08,960
They're going to get on with it, they're going to enjoy themselves.
485
00:40:09,920 --> 00:40:11,100
I can't do that.
486
00:40:12,260 --> 00:40:14,520
I can't do that because Tony's not here.
487
00:40:16,720 --> 00:40:21,600
They're not the one that I left with a life sentence.
488
00:40:23,480 --> 00:40:24,180
I am.
489
00:40:25,420 --> 00:40:27,220
Because that's what they've done.
490
00:40:37,700 --> 00:40:45,980
My lord, this case commenced as a missing person inquiry before evolving into an investigation.
491
00:40:48,920 --> 00:40:56,380
Around July 2017, Anthony Parsons decided to engage in a cycle from Fort William to his
492
00:40:56,380 --> 00:40:58,080
home address in Tilakoutri.
493
00:40:58,080 --> 00:41:05,680
His wife, Margaret Parsons, received text messages from his mobile asking how she was and confirming
494
00:41:05,680 --> 00:41:07,340
that he had arrived in Fort William.
495
00:41:09,080 --> 00:41:11,760
This was the last contact she had with her husband.
496
00:41:13,060 --> 00:41:17,680
Around 2300 hours, Mr Parsons attended at the Bridge of Orkey Hotel.
497
00:41:18,160 --> 00:41:20,660
He was wet due to the adverse weather.
498
00:41:21,430 --> 00:41:25,280
It was suggested to him that he should stay the night in the hotel.
499
00:41:25,640 --> 00:41:31,960
However, after having a coffee, he left the hotel to continue his cycle and travelled south
500
00:41:31,960 --> 00:41:33,740
on his intended route.
501
00:41:34,040 --> 00:41:36,720
You could see him shaking his head with what was being said.
502
00:41:36,920 --> 00:41:37,800
I know, man.
503
00:41:37,960 --> 00:41:40,580
It was really, really difficult to watch that.
504
00:41:40,800 --> 00:41:47,400
My lord, so far as the accused are concerned, the accused, Alexander McKellar, after consuming
505
00:41:47,400 --> 00:41:55,580
alcohol, drove with Robert McKellar as a passenger on a journey from the Bridge of Orkey Hotel to
506
00:41:55,580 --> 00:41:59,260
their home on the Orkey Estate a few miles away.
507
00:41:59,260 --> 00:42:08,140
During the journey, in adverse weather conditions, at night and at speed, the vehicle collided
508
00:42:08,140 --> 00:42:13,260
with Anthony Parsons, who was, at the time, riding his bicycle.
509
00:42:15,640 --> 00:42:23,680
After seriously injuring Anthony Parsons, Alexander McKellar ascertained that Mr Parsons was still
510
00:42:23,680 --> 00:42:24,220
alive.
511
00:42:26,180 --> 00:42:35,080
He did not call the emergency services, thereby preventing any prospect of Mr Parsons receiving
512
00:42:35,080 --> 00:42:36,420
medical treatment.
513
00:42:36,420 --> 00:42:36,500
a patient.
514
00:42:37,900 --> 00:42:40,160
He will have been in massive amounts of pain.
515
00:42:40,480 --> 00:42:48,480
So then to not seek any form of medical treatment from that is just 100% inhumane.
516
00:42:48,660 --> 00:42:51,280
It was horrible to hear what they had done.
517
00:42:51,280 --> 00:42:55,040
And I'm not talking about the fact that they knocked him off his bike with the car.
518
00:42:55,380 --> 00:42:56,600
It's what they did after.
519
00:43:03,320 --> 00:43:09,620
Without immediate medical assistance, he would have been unlikely to survive longer than 20
520
00:43:09,620 --> 00:43:10,600
to 30 minutes.
521
00:43:10,600 --> 00:43:17,020
Police inquiry confirmed that the quickest emergency medical response would have taken approximately
522
00:43:17,020 --> 00:43:19,960
one hour if any assistance had been sought.
523
00:43:21,360 --> 00:43:25,300
The outcome of what would have happened, how long it would have taken an ambulance to get
524
00:43:25,300 --> 00:43:26,380
there, is irrelevant.
525
00:43:26,700 --> 00:43:30,740
If you know that you've hit somebody, you can see that they are still alive.
526
00:43:30,740 --> 00:43:34,640
Any basic human instinct says you need to try and get help.
527
00:43:35,660 --> 00:43:37,520
They just wanted to protect themselves.
528
00:43:39,200 --> 00:43:41,000
They could have phoned for somebody.
529
00:43:41,480 --> 00:43:42,720
They could have phoned an ambulance.
530
00:43:42,860 --> 00:43:43,660
They could have phoned the police.
531
00:43:43,660 --> 00:43:47,340
They could have even done it anonymously, but they didn't.
532
00:43:48,000 --> 00:43:53,720
The two accused left the scene in the vehicle and returned in a different vehicle, collected
533
00:43:53,720 --> 00:44:00,900
Mr Parson's body and bicycle and transported him to the Auch Estate whereby they left him overnight.
534
00:44:01,650 --> 00:44:07,620
After attending with a shooting party the next day, the body was taken to a peaty area
535
00:44:07,620 --> 00:44:14,120
on the estate, a grave was dug and the body placed in it and covered.
536
00:44:14,440 --> 00:44:19,840
I do remember the full story being read out in court line by line and it really was, it
537
00:44:19,840 --> 00:44:21,440
was a real shock.
538
00:44:21,720 --> 00:44:24,020
What they did was callous.
539
00:44:24,620 --> 00:44:27,400
That's not actions of a drunken man, not the day after.
540
00:44:27,720 --> 00:44:30,600
This is the actions of somebody who's trying to cover up a crime.
541
00:44:30,860 --> 00:44:37,600
To willingly go down a course of action whereby you are letting somebody die, that to me is
542
00:44:37,600 --> 00:44:38,280
murder.
543
00:44:38,520 --> 00:44:40,900
And our opinion will always be the same.
544
00:44:41,060 --> 00:44:45,020
They have murdered my dad and they have taken him away from us.
545
00:44:45,520 --> 00:44:52,640
Such was the location that if Alexander McKellar had not disclosed where the grave was, the
546
00:44:52,640 --> 00:44:55,880
remains are unlikely to have ever been found.
547
00:44:57,080 --> 00:44:59,800
And my lord, there is a drive-through on the estate.
548
00:44:59,800 --> 00:45:06,520
I am not going to pay all of it but I will demonstrate the deposition area so his lordship
549
00:45:06,520 --> 00:45:09,680
will get an idea of how remote this area is.
550
00:45:12,120 --> 00:45:15,620
They took Tony, they buried him.
551
00:45:16,220 --> 00:45:23,000
They left me for three and a half years and my kids and grown kids.
552
00:45:24,640 --> 00:45:26,560
Not knowing where Tony was.
553
00:45:26,940 --> 00:45:30,680
And this is the deposition site just to the right of the roadway.
554
00:45:30,680 --> 00:45:37,360
The peat bog area is utilised by state employees, including the accused Robert and Alexander
555
00:45:37,360 --> 00:45:41,780
McKellar, to routinely dispose of animal carcasses.
556
00:45:42,400 --> 00:45:49,580
This was evident on initial observation by police officers due to openly visible animal bones.
557
00:45:50,620 --> 00:45:57,700
Between the 13th and 14th of January 2021, the body of Mr Parsons was exposed and with great
558
00:45:57,700 --> 00:46:00,620
care recovered from within the grave.
559
00:46:01,440 --> 00:46:06,380
How on earth can anybody, with any iota of goodness in them, how could they do that?
560
00:46:06,640 --> 00:46:12,220
How on earth could they live without knowing a poor Tony was buried, so probably not very
561
00:46:12,220 --> 00:46:13,060
far from the front door?
562
00:46:13,620 --> 00:46:17,400
Anthony Parsons was 63 at the time of his death.
563
00:46:17,400 --> 00:46:23,320
He was a much-loved husband, father, brother, grandfather and friend.
564
00:46:23,820 --> 00:46:26,840
He had very close community ties.
565
00:46:27,680 --> 00:46:29,740
My lord, those are the submissions for the crown.
566
00:46:31,480 --> 00:46:34,160
Robert McKellar and Alexander McKellar, please stand.
567
00:46:34,600 --> 00:46:37,560
You will next appear before me for the matter of sentence.
568
00:46:38,040 --> 00:46:39,180
You will continue to be detained.
569
00:46:39,880 --> 00:46:40,760
That's all.
570
00:46:44,500 --> 00:46:46,260
There's been no remorse.
571
00:46:48,080 --> 00:46:50,280
Absolutely nothing from them at all.
572
00:46:51,680 --> 00:46:53,900
To be honest, I hate the both of them.
573
00:46:55,680 --> 00:46:56,740
I really do.
574
00:46:57,940 --> 00:46:59,180
I'm still angry.
575
00:46:59,180 --> 00:46:59,260
I'm sorry.
576
00:47:00,720 --> 00:47:01,960
It won't go away.
577
00:47:02,360 --> 00:47:05,060
I see.
578
00:47:11,620 --> 00:47:17,980
Oh, my God.
579
00:47:39,040 --> 00:47:41,600
Call the diet adjourned out for sentence.
580
00:47:41,880 --> 00:47:45,040
His Majesty's advocate against Alexander McKellar and Robert Keller.
581
00:47:45,240 --> 00:47:46,120
Please be seated, thank you.
582
00:47:47,680 --> 00:47:48,780
Mr McCorrekey.
583
00:47:49,960 --> 00:47:50,820
On board.
584
00:47:51,560 --> 00:47:57,080
Mr McKellar is well aware of the family's views
585
00:47:57,080 --> 00:48:01,240
and knows and understands that there is no apology
586
00:48:01,240 --> 00:48:03,700
which he can tender,
587
00:48:03,700 --> 00:48:07,500
which will ever be acceptable to them.
588
00:48:08,600 --> 00:48:12,820
But nonetheless, he wishes me on his behalf
589
00:48:12,820 --> 00:48:16,960
to indicate that he deeply regrets the trauma
590
00:48:16,960 --> 00:48:19,380
that he put the family through.
591
00:48:19,920 --> 00:48:24,760
On the night of the 29th of September 2017,
592
00:48:25,840 --> 00:48:28,400
it is fully accepted by him
593
00:48:28,400 --> 00:48:31,120
he ought not to have been driving.
594
00:48:31,120 --> 00:48:35,820
By his plea, he accepts that whilst catastrophically injured,
595
00:48:36,260 --> 00:48:39,440
Mr Parsons was alive at the time.
596
00:48:39,440 --> 00:48:44,340
Mr McKellar accepts he did not call for assistance.
597
00:48:44,980 --> 00:48:50,080
The only explanation which he offers
598
00:48:50,080 --> 00:48:53,740
and the only explanation which perhaps makes sense
599
00:48:53,740 --> 00:48:57,060
is simply fear and panic.
600
00:48:57,700 --> 00:49:03,140
Fear for himself and panic for the situation he found himself in.
601
00:49:03,960 --> 00:49:09,540
His conduct thereafter became something of a runaway train.
602
00:49:09,860 --> 00:49:14,580
Using his words, he says he was too much of a coward to come clean.
603
00:49:15,640 --> 00:49:22,100
He sought solace in alcohol and much more significant abuse of cocaine.
604
00:49:22,100 --> 00:49:28,600
Mr McKellar found what he had done more and more difficult to live with.
605
00:49:29,140 --> 00:49:31,380
And on two separate occasions,
606
00:49:32,300 --> 00:49:36,300
he came close to ending his own life.
607
00:49:37,000 --> 00:49:41,120
On one occasion, he drove to a remote part of the estate
608
00:49:41,120 --> 00:49:44,820
and had a loaded rifle in his mouth
609
00:49:44,820 --> 00:49:47,280
but didn't pull the trigger.
610
00:49:48,960 --> 00:49:54,780
In 2020, when he met Caroline
611
00:49:54,780 --> 00:49:57,380
and she went to the police,
612
00:49:57,880 --> 00:50:01,020
he fully accepts that ultimately
613
00:50:01,020 --> 00:50:03,920
she made the right decision in doing so.
614
00:50:03,920 --> 00:50:08,040
The finding of Mr Parsons' body
615
00:50:10,200 --> 00:50:15,020
and the fact that these proceedings are now coming to an end
616
00:50:15,960 --> 00:50:17,320
to some extent
617
00:50:17,320 --> 00:50:22,320
has meant that there is a very significant weight
618
00:50:22,320 --> 00:50:24,500
being lifted from him.
619
00:50:27,720 --> 00:50:29,320
He would do anything he could
620
00:50:29,320 --> 00:50:31,800
to have the chance to alter the decision he took
621
00:50:31,800 --> 00:50:33,700
on the 29th of September
622
00:50:34,380 --> 00:50:36,660
but he can't rewind the clock.
623
00:50:38,620 --> 00:50:40,620
If you have done something
624
00:50:40,620 --> 00:50:41,900
and you're not a psychopath,
625
00:50:42,180 --> 00:50:44,940
which I've got no reason to believe that they're psychopaths,
626
00:50:45,000 --> 00:50:47,300
then it is always going to play in your mind.
627
00:50:47,720 --> 00:50:49,580
And I think the older you get,
628
00:50:49,880 --> 00:50:50,820
the more you realise
629
00:50:50,820 --> 00:50:53,040
that you have to face up to
630
00:50:53,040 --> 00:50:56,040
the terrible things that you may or may not have done in life.
631
00:50:56,480 --> 00:50:58,400
There must have been a sense of relief
632
00:50:58,400 --> 00:51:01,020
that, right, OK, this is happening.
633
00:51:01,020 --> 00:51:04,300
They were going to have to face the consequences
634
00:51:04,300 --> 00:51:05,540
of what happened that night.
635
00:51:07,680 --> 00:51:09,520
I've never seen any remorse from Sandy.
636
00:51:10,200 --> 00:51:13,380
If other people have got a sense that he was remorseful,
637
00:51:13,560 --> 00:51:16,620
then fair enough, but it's not anything I ever witnessed.
638
00:51:17,240 --> 00:51:19,440
During police interactions with Robert,
639
00:51:19,620 --> 00:51:22,480
I didn't really get any real sense of remorse from him either.
640
00:51:23,640 --> 00:51:29,700
Robert McKellar became involved out of a misplaced sense of loyalty to his brother.
641
00:51:30,400 --> 00:51:35,180
He made a very significant error of judgment to support his brother
642
00:51:35,180 --> 00:51:37,440
at a point in his life
643
00:51:37,440 --> 00:51:41,180
where he already feared that his family was breaking up.
644
00:51:42,580 --> 00:51:45,580
However, that decision having been made,
645
00:51:45,800 --> 00:51:49,080
he accepts that he then participated fully
646
00:51:49,080 --> 00:51:52,980
in what was clearly a sustained and determined effort
647
00:51:52,980 --> 00:51:55,860
to conceal the truth of his brother's crime.
648
00:51:56,280 --> 00:51:59,200
And in so doing, he undoubtedly caused
649
00:51:59,200 --> 00:52:01,680
Mr. Parsons' family and friends
650
00:52:01,680 --> 00:52:04,240
immeasurable pain and suffering.
651
00:52:04,240 --> 00:52:10,300
It really just seemed that they didn't treat Tony Parsons any differently
652
00:52:10,300 --> 00:52:15,120
to how they dealt with the carcasses of the animals they killed
653
00:52:15,120 --> 00:52:16,840
when they were in their hunting parties.
654
00:52:17,160 --> 00:52:21,100
In my submission, it is fair to say that Robert McKellar
655
00:52:21,100 --> 00:52:26,080
bitterly regrets his callous and cowardly actions.
656
00:52:26,080 --> 00:52:33,280
He would like the opportunity to communicate directly with Mr. Parsons' family
657
00:52:33,280 --> 00:52:36,640
in order to apologise for his actions.
658
00:52:37,320 --> 00:52:42,740
But he too is aware of and respects the views of Mr. Parsons' family.
659
00:52:45,500 --> 00:52:48,800
These two individuals have sat in a courtroom
660
00:52:48,800 --> 00:52:51,300
listening to all this, listening to all this evidence.
661
00:52:51,300 --> 00:52:55,420
And are you only sorry because you've been caught?
662
00:52:55,600 --> 00:52:56,040
I don't know.
663
00:52:58,360 --> 00:52:59,440
I really don't know.
664
00:53:01,120 --> 00:53:04,820
Mr. McKellar appreciates the awfulness of prison.
665
00:53:05,300 --> 00:53:07,860
He is witness to it every day
666
00:53:07,860 --> 00:53:11,860
and is kept awake most nights by prisoners in distress,
667
00:53:12,500 --> 00:53:14,780
screaming and banging on the walls.
668
00:53:15,480 --> 00:53:19,400
But he understands and accepts why he is in prison.
669
00:53:20,340 --> 00:53:22,560
That's not comfort for the family of the victim,
670
00:53:22,720 --> 00:53:23,400
or his friends.
671
00:53:23,420 --> 00:53:24,020
It is either.
672
00:53:24,240 --> 00:53:25,280
It's not comfort for any of us.
673
00:53:25,840 --> 00:53:26,580
Very well.
674
00:53:26,700 --> 00:53:29,160
Alexander McKellar and Robert McKellar, please stand.
675
00:53:33,360 --> 00:53:37,500
You have pleaded guilty to grave and serious crimes.
676
00:53:37,900 --> 00:53:40,720
I have no doubt that Mr. Parsons' family
677
00:53:40,720 --> 00:53:42,980
have been deeply affected by this.
678
00:53:42,980 --> 00:53:47,500
I have read and noted the terms of three victim impact statements
679
00:53:47,500 --> 00:53:49,400
made by members of his family.
680
00:53:49,720 --> 00:53:54,280
Their terms clearly indicate the profound, devastating,
681
00:53:54,280 --> 00:53:56,080
and continuing impact,
682
00:53:56,280 --> 00:53:59,140
the lasting effect of which may be incalculable.
683
00:54:00,020 --> 00:54:02,960
Nothing I can say or do can compensate for their loss,
684
00:54:02,960 --> 00:54:06,200
and I suspect that no sentence would ever be regarded
685
00:54:06,200 --> 00:54:08,040
as sufficient in their eyes.
686
00:54:09,040 --> 00:54:12,660
Alexander McKellar, I will impose on you a single sentence
687
00:54:12,660 --> 00:54:14,760
of imprisonment of 12 years.
688
00:54:15,280 --> 00:54:19,160
Robert McKellar, the sentence which I now impose on you
689
00:54:19,160 --> 00:54:23,200
is one of a period of imprisonment of five years and three months.
690
00:54:23,200 --> 00:54:24,800
That is all.
691
00:54:31,140 --> 00:54:35,040
I guess on reflection for me, that is a fair result.
692
00:54:35,420 --> 00:54:38,800
I've still been convicted of serious and significant crimes.
693
00:54:39,240 --> 00:54:41,780
We've provided answers to the family of Tony
694
00:54:41,780 --> 00:54:44,540
and we've managed to bring justice.
695
00:54:45,940 --> 00:54:48,480
A drink driver who hit and killed a cyclist
696
00:54:48,720 --> 00:54:51,080
has been sentenced to 12 years in prison.
697
00:54:51,580 --> 00:54:53,480
So, have we achieved our objective
698
00:54:53,480 --> 00:54:55,580
in relation to this investigation? Absolutely.
699
00:54:56,500 --> 00:54:59,860
This is an extraordinary, heartbreaking tale.
700
00:55:00,020 --> 00:55:03,260
Twin brothers Alexander and Robert McKellar sobbed
701
00:55:03,720 --> 00:55:06,660
as they were sentenced at Glasgow High Court this morning.
702
00:55:07,080 --> 00:55:08,240
For me, it had to be murder.
703
00:55:08,900 --> 00:55:10,780
I absolutely felt that the whole story
704
00:55:10,780 --> 00:55:12,320
should have been told in court in front of the jury
705
00:55:12,320 --> 00:55:15,080
because if they heard the whole thing,
706
00:55:15,300 --> 00:55:17,880
then there's no way those guys would have got away with it.
707
00:55:18,600 --> 00:55:19,780
Which I believe they did.
708
00:55:19,780 --> 00:55:21,940
With the court, the sentences they got,
709
00:55:22,140 --> 00:55:23,200
they definitely got away with it.
710
00:55:23,620 --> 00:55:28,540
Pain and grief seemed to show on the faces of Tony Parson's family
711
00:55:28,540 --> 00:55:29,920
as they left court.
712
00:55:38,380 --> 00:55:43,640
You never thought for one moment that it would be six years until we got justice.
713
00:55:44,480 --> 00:55:52,140
Nobody can try and fathom out how long that six years was.
714
00:55:52,140 --> 00:55:57,900
How hard, how traumatising it is.
715
00:55:58,920 --> 00:56:05,040
I don't have any hatred towards these individuals.
716
00:56:05,040 --> 00:56:11,480
Because of my work experience, I've seen these things happen in other scenarios.
717
00:56:11,980 --> 00:56:14,500
And I'm fully aware they have family as well
718
00:56:14,500 --> 00:56:17,300
that will be going through stresses and things like that.
719
00:56:19,620 --> 00:56:21,340
I just wish it had never happened.
720
00:56:26,420 --> 00:56:28,340
I love Tony because he...
721
00:56:29,980 --> 00:56:31,140
He was kind.
722
00:56:33,400 --> 00:56:34,580
He made me happy.
723
00:56:34,580 --> 00:56:37,540
He's looked after me all these years.
724
00:56:38,540 --> 00:56:40,620
And I'm lost.
725
00:56:41,540 --> 00:56:42,580
Without Tony.
726
00:56:48,320 --> 00:56:52,860
I am making new memories with my grandkids, my son and my daughter.
727
00:56:54,560 --> 00:57:00,220
But it still hurts that Tony's not here to see it.
728
00:57:03,080 --> 00:57:07,480
It's getting to the stage where I can see things finally coming to a close.
729
00:57:08,140 --> 00:57:11,880
I can see us finally starting to move on.
730
00:57:13,020 --> 00:57:18,820
Can't wait for the day where we do actually get together as a family and go,
731
00:57:19,500 --> 00:57:20,580
We've done him proud.
732
00:57:21,400 --> 00:57:22,420
We brought him home.
733
00:57:23,960 --> 00:57:25,080
And that's where he should be.
734
00:58:15,240 --> 00:58:15,600
Well, I can't wait for twoЛs.
735
00:58:16,720 --> 00:58:16,820
I want to explain to you all the stuff.
736
00:58:16,820 --> 00:58:17,180
I'm proud of you, across the looseadan Corps.
66878
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