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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:04,960 --> 00:00:09,740 People go missing in the Highlands a lot for many different reasons. 2 00:00:10,640 --> 00:00:12,660 Usually they're found pretty soon. 3 00:00:13,300 --> 00:00:17,580 What was unusual was that he was not found. 4 00:00:18,140 --> 00:00:20,480 Mountain rescue teams are searching for a man... 5 00:00:20,480 --> 00:00:22,840 Tony Parsons was last seen late on the night... 6 00:00:22,840 --> 00:00:23,880 ...at the Bridge de Bourque Hotel. 7 00:00:24,140 --> 00:00:26,440 He was taking part in a charity cycle ride. 8 00:00:26,640 --> 00:00:29,460 No trace was ever found of him or his bike. 9 00:00:29,460 --> 00:00:32,040 I kept thinking he would just walk in. 10 00:00:32,960 --> 00:00:36,080 I didn't want to think about it being bad. 11 00:00:36,720 --> 00:00:38,920 Where the hell are you? What has happened? 12 00:00:39,240 --> 00:00:41,460 Loads of questions, unanswered. 13 00:00:42,300 --> 00:00:44,160 Somewhere on that stretch of road... 14 00:00:44,160 --> 00:00:46,000 Tony Parsons vanished off the face of the earth. 15 00:00:46,480 --> 00:00:52,160 We spent three years coming to terms with the fact that my dad wasn't coming home. 16 00:00:52,500 --> 00:00:56,820 And then all of a sudden one phone call flipped everything upside down. 17 00:01:04,880 --> 00:01:10,660 There's a lot of detail in that initial call that starts to make you think this could actually be genuine. 18 00:01:14,380 --> 00:01:15,480 What's your name, please? 19 00:01:22,180 --> 00:01:23,500 What's your name, ma'am? 20 00:01:24,100 --> 00:01:25,800 Dr Caroline Newerhead. 21 00:01:26,360 --> 00:01:30,960 Our ex-partner had told her the biggest secret I have is that I've killed somebody. 22 00:01:30,960 --> 00:01:33,200 I can't believe it would be by casting a body. 23 00:01:33,640 --> 00:01:36,000 All the information tends to tie up. 24 00:01:36,380 --> 00:01:37,300 They need to be arrested. 25 00:01:37,560 --> 00:01:41,260 What can you tell me about your involvement in the disappearance of Anthony Parsons? 26 00:01:43,340 --> 00:01:45,500 But what's a crime going to be at this point? 27 00:01:45,620 --> 00:01:46,240 We don't have a body. 28 00:01:46,480 --> 00:01:47,580 We don't have a cause of death. 29 00:01:47,580 --> 00:01:50,180 We've only got the story that Caroline's told us. 30 00:01:50,520 --> 00:01:56,680 Robert, I'm bringing this interview to a conclusion, but the investigation is far from over. 31 00:01:57,020 --> 00:01:59,220 We need to act on this and we need to move it now. 32 00:01:59,520 --> 00:02:00,660 We need to go and find this body. 33 00:02:16,340 --> 00:02:26,680 The three years, not having my dad, not knowing where he is or what's happened, that literally eats you up 34 00:02:26,680 --> 00:02:27,160 from inside. 35 00:02:28,240 --> 00:02:32,900 Having to wait three years, three years of thinking, well, we're never going to find him again. 36 00:02:33,080 --> 00:02:34,640 We're never going to be able to grieve. 37 00:02:35,200 --> 00:02:38,980 I just got a phone call from a detective inspector asking to speak to me. 38 00:02:39,220 --> 00:02:42,300 We were told that credible intelligence had come in. 39 00:02:42,800 --> 00:02:48,620 We got informed that the police were going to be excavating a piece of land. 40 00:03:04,260 --> 00:03:09,440 Caroline had dropped a can of Red Bull marking that spot where Tony Parsons was buried. 41 00:03:13,360 --> 00:03:15,920 The Red Bull can was her starting point. 42 00:03:15,920 --> 00:03:24,960 But she had been given further specific information from Sandy that standing at that point, looking in a particular direction, 43 00:03:25,340 --> 00:03:36,160 looking at a landmark in that direction and a number of metres from that point, that is where he indicated 44 00:03:36,160 --> 00:03:37,240 it's where the body was. 45 00:03:37,240 --> 00:03:44,280 It was three years since this body had been buried there, so to the untrained eye, all the ground looked 46 00:03:44,280 --> 00:03:44,620 the same. 47 00:03:46,540 --> 00:03:51,280 The plan moving forward was a case of who do we need to help us here? 48 00:03:52,840 --> 00:04:00,720 External specialists, because we need people who can provide their expertise with ground conditions, who can assist us with digging 49 00:04:00,720 --> 00:04:02,340 and filtering through earth. 50 00:04:03,040 --> 00:04:05,720 And that's where Professor Lorna Dawson came in. 51 00:04:07,360 --> 00:04:12,640 All cases that you work on are special and distinctive and unique. 52 00:04:12,960 --> 00:04:19,360 But there is something about this particular investigation that will stay with me forever. 53 00:04:21,180 --> 00:04:24,300 I got a phone call from the SIO. 54 00:04:24,660 --> 00:04:30,060 They asked me if I could go along to the site and see if there were any clues with the 55 00:04:30,060 --> 00:04:31,160 soil or the vegetation. 56 00:04:31,160 --> 00:04:37,620 And whether there might be an area where someone might have been buried a few years ago. 57 00:04:39,780 --> 00:04:42,000 The location was remote. 58 00:04:42,900 --> 00:04:45,520 There was snow covering the mountains. 59 00:04:46,100 --> 00:04:50,680 And there were no sounds but the wild animals, the birds. 60 00:04:50,680 --> 00:04:57,200 And I think that's quite important because if someone was trying to dispose of a body, you could be there 61 00:04:57,200 --> 00:05:00,580 and no one would see you digging a grave. 62 00:05:04,120 --> 00:05:10,360 When you got there and you saw the red bull can, it was moorland, it was heath, heather. 63 00:05:11,300 --> 00:05:16,540 There was a track and either side of the track there were clumps of vegetation. 64 00:05:17,260 --> 00:05:20,400 But there was an area of about two metres by one metre. 65 00:05:20,980 --> 00:05:28,000 It had obviously been disturbed fairly recently because the soil was mixed up so that the dark, deep peat was 66 00:05:28,000 --> 00:05:28,620 exposed. 67 00:05:30,380 --> 00:05:38,800 And it had left an impervious surface. The water sat on that peat. And because it was so cold, ice 68 00:05:38,800 --> 00:05:39,380 had formed. 69 00:05:40,900 --> 00:05:48,540 That was unusual because it was the only bit that had ice and moss only. All the other areas had 70 00:05:48,540 --> 00:05:49,020 shrubs. 71 00:05:49,800 --> 00:05:55,960 It was her professional opinion. That's a deposition site there where Tony has potentially been put. 72 00:05:56,060 --> 00:05:57,420 You could see that something had gone on there. 73 00:05:57,840 --> 00:06:01,460 I thought it supported what the witness had told the police. 74 00:06:01,840 --> 00:06:05,220 That's the area that the excavation has to focus on. 75 00:06:07,960 --> 00:06:13,640 You know you're looking for somebody's loved one and they are relying on you for answers. 76 00:06:14,200 --> 00:06:17,420 It's a very heavy burden to carry. 77 00:06:19,420 --> 00:06:29,460 So there was quite a large team of experts required. Forensic archaeologists, they were able to very carefully skim off 78 00:06:29,460 --> 00:06:32,900 using tiny brushes and tiny spatulas. 79 00:06:33,360 --> 00:06:41,640 Layers, centimetres deep. And each of those layers could be carefully looked through just to make sure that we didn't 80 00:06:41,640 --> 00:06:43,440 lose any potential evidence. 81 00:06:43,440 --> 00:06:47,400 It was a very methodical, very structured event. 82 00:06:48,460 --> 00:06:55,600 But as we went down, I'll always remember the moment where we saw this little piece of red fabric. 83 00:06:56,280 --> 00:07:03,360 That was the colour of the fabric that Mr Parsons was wearing when he was last seen cycling home that 84 00:07:03,360 --> 00:07:03,700 day. 85 00:07:08,540 --> 00:07:12,820 I'm getting goosebumps down my back again here talking about it. 86 00:07:13,060 --> 00:07:16,880 Immediately everything was stopped and a phone call went in back to senior management. 87 00:07:16,880 --> 00:07:19,040 And we've got the sleeve of a red jacket here. 88 00:07:22,080 --> 00:07:28,680 Carefully the two anthropologists removed the peat from around Mr Parsons. 89 00:07:29,800 --> 00:07:32,120 And it is an image that will stay with me. 90 00:07:33,420 --> 00:07:36,860 Mr Parsons was about 50 centimetres down. 91 00:07:37,960 --> 00:07:41,140 It's quite a cold, constant temperature at that depth. 92 00:07:43,740 --> 00:07:56,400 The preservation of the cold, wet peat had kept Mr Parsons so well that he still looked like the images 93 00:07:56,400 --> 00:07:58,780 of him on the day that he disappeared. 94 00:08:00,820 --> 00:08:04,280 That was Tony. When I saw him face to face, that was Tony. 95 00:08:17,620 --> 00:08:22,720 You want to know the answers, but realistically, you don't. 96 00:08:24,040 --> 00:08:27,480 And it's not a case of that you're thinking about yourself. 97 00:08:27,740 --> 00:08:30,440 You suddenly become, how am I going to look after everybody else? 98 00:08:31,640 --> 00:08:40,560 When you're having to stand there and watch your mum absolutely break down, it's tough. 99 00:08:41,420 --> 00:08:42,560 It really is tough. 100 00:08:44,480 --> 00:08:49,900 They came out and they told me that they'd found Tony. 101 00:08:50,880 --> 00:08:52,980 Obviously my words were, are you sure? 102 00:08:53,380 --> 00:08:53,820 Are you sure? 103 00:08:54,840 --> 00:08:56,020 And they said yes. 104 00:09:03,360 --> 00:09:10,580 The injuries that Tony had were horrific. 105 00:09:10,580 --> 00:09:14,020 My mum was an absolute wreck. 106 00:09:14,740 --> 00:09:23,600 Because at that moment, all her hopes of ever having that possibility of seeing my dad again were just gone. 107 00:09:24,460 --> 00:09:25,840 There was nothing left. 108 00:09:28,360 --> 00:09:33,940 We had Mountain Rescue in with us to lift Tony's body. 109 00:09:34,880 --> 00:09:39,340 The weather was atrocious that day. It was very low cloud cover. 110 00:09:41,180 --> 00:09:43,360 We got everybody into position. 111 00:09:43,960 --> 00:09:45,600 Everyone had to be done right. 112 00:09:45,900 --> 00:09:47,120 And there was suddenly a shout. 113 00:09:47,480 --> 00:09:49,220 And it was the diggermen. 114 00:09:50,380 --> 00:09:52,000 Guys, stop. Look. 115 00:09:52,940 --> 00:09:57,300 Now, all morning, you couldn't see the hills surrounding you. 116 00:09:58,040 --> 00:10:06,820 And at that point in time, the cloud had lifted and we must have been surrounded by about 40 red 117 00:10:06,820 --> 00:10:07,100 deer. 118 00:10:11,340 --> 00:10:18,220 We are standing there, ready to lift Tony out of there, and these wild animals, they're just standing watching us. 119 00:10:19,860 --> 00:10:23,320 We all just took a breath, looked at each other, and then that was it. 120 00:10:23,480 --> 00:10:24,560 We lifted Tony up and out. 121 00:10:27,240 --> 00:10:28,380 It was quite a moment. 122 00:10:32,380 --> 00:10:37,240 We're all made up of molecules, these elements that make us our body. 123 00:10:37,860 --> 00:10:39,280 But there is the soul. 124 00:10:39,840 --> 00:10:41,740 It could have gone unsolved. 125 00:10:42,000 --> 00:10:45,400 It could have still been in that cold, dark place alone. 126 00:10:46,040 --> 00:10:51,000 Once you've put a loved one to rest, they are at rest and the family have somewhere to go and 127 00:10:51,000 --> 00:10:51,360 grieve. 128 00:10:56,220 --> 00:11:00,960 I didn't personally feel that bad about it. 129 00:11:01,900 --> 00:11:03,340 Because I'd expected it. 130 00:11:03,880 --> 00:11:07,100 I had been waiting three and a half years for that news. 131 00:11:08,300 --> 00:11:10,240 So it wasn't as big a shock. 132 00:11:11,640 --> 00:11:14,460 Being told that he was found buried. 133 00:11:16,060 --> 00:11:17,840 That made me feel physically sick. 134 00:11:19,060 --> 00:11:19,740 How? 135 00:11:21,000 --> 00:11:21,680 Why? 136 00:11:24,560 --> 00:11:29,320 Where Tony was recovered was an area where there was kill pits. 137 00:11:30,360 --> 00:11:37,520 It's where the farmer or the gamekeeper will dig a pit, basically, and dispose of fallen livestock. 138 00:11:38,480 --> 00:11:45,620 Anything that had been shot by sporting tourists, basically, on the estate that wasn't required for meat, 139 00:11:46,280 --> 00:11:49,440 was disposed of by the estate in this kill pit. 140 00:11:49,440 --> 00:11:58,810 The worst can't describe what would go through somebody's head to put another human being into that position. 141 00:12:00,020 --> 00:12:01,460 They're horrible. 142 00:12:08,500 --> 00:12:14,920 The family of a grandad whose remains were found in Argyle more than three years after he went missing say 143 00:12:14,920 --> 00:12:17,200 they'd been left devastated by his death. 144 00:12:17,200 --> 00:12:19,540 We didn't know the details. 145 00:12:21,340 --> 00:12:26,060 A lot of it was kept from us, obviously, because it was an ongoing investigation. 146 00:12:27,060 --> 00:12:31,500 The recovery of the remains is a massive, massive moment in the investigation. 147 00:12:32,760 --> 00:12:35,980 But for us, it's literally just the start. 148 00:12:36,280 --> 00:12:44,280 The end goal for us is to find the evidence to convict Sandy and Robert for whatever's happened here. 149 00:12:53,380 --> 00:12:55,960 There are two different perspectives on this story. 150 00:12:56,620 --> 00:12:58,040 You've got the inner one. 151 00:12:58,280 --> 00:13:02,020 The people at the centre of this criminal investigation know what happened. 152 00:13:02,740 --> 00:13:04,660 The police are figuring it out. 153 00:13:05,740 --> 00:13:09,840 And then outside that, you've got the rest of us. 154 00:13:11,140 --> 00:13:16,900 And as a reporter, our job is to try to get the inside story and bring it out. 155 00:13:18,720 --> 00:13:22,080 Why haven't these two men been charged? 156 00:13:22,380 --> 00:13:25,160 Why are they back out into their communities? 157 00:13:25,600 --> 00:13:26,700 What's going on? 158 00:13:30,500 --> 00:13:33,100 The boys went to school here. 159 00:13:33,380 --> 00:13:35,600 They had a huge group of friends here. 160 00:13:35,780 --> 00:13:36,620 Everybody knew them. 161 00:13:36,840 --> 00:13:38,420 People knew their parents. 162 00:13:38,820 --> 00:13:45,560 No one could quite believe the calculated way in which this appeared to be unfolding at that time. 163 00:13:45,720 --> 00:13:53,220 That not only had this poor man been killed, but he had also been killed in a way where his 164 00:13:53,220 --> 00:13:54,800 body was hidden. 165 00:13:57,960 --> 00:14:01,520 If you were to tell this story to anybody who doesn't work in our field of work, 166 00:14:02,420 --> 00:14:06,740 you would probably think, well, he's told his girlfriend that this is where the body is. 167 00:14:07,060 --> 00:14:11,840 She's told the police and lo and behold, the police have dug in that location and found the body. 168 00:14:12,060 --> 00:14:16,940 But we can't just jump to the conclusion that because he told Caroline that it was him and his brother 169 00:14:16,940 --> 00:14:18,080 who were responsible for this, 170 00:14:18,180 --> 00:14:20,840 then that must be true. Other people could be involved here. 171 00:14:21,060 --> 00:14:23,900 At that point, it becomes a whole new dynamic of investigation. 172 00:14:23,900 --> 00:14:27,840 Don't bury yourself in a peat bog, so we know we're dealing with criminality. 173 00:14:27,980 --> 00:14:32,240 It's just exactly what crimes do we have, what we're looking to prove, what we're looking to show. 174 00:14:38,420 --> 00:14:43,880 There wasn't any DNA found on any of the clothing or on the body itself to link it back to 175 00:14:43,880 --> 00:14:44,600 the people responsible. 176 00:14:45,600 --> 00:14:50,420 We've got a story, but we don't have a case. We've got to find evidence that links them to this 177 00:14:50,420 --> 00:14:50,660 crime. 178 00:14:53,580 --> 00:14:58,660 The car Sandy had been driving that night had been seized, but then we were able to do quite a 179 00:14:58,660 --> 00:15:00,860 lot of inquiry round about it. 180 00:15:00,860 --> 00:15:07,380 And we were able to actually, believe it or not, track back and we were able to show that that 181 00:15:07,380 --> 00:15:11,840 car did have damage on the night that Anthony Parsons went missing. 182 00:15:13,800 --> 00:15:19,160 Other people who worked in the Orca Estate were able to see the significant damage to the car before it 183 00:15:19,160 --> 00:15:20,300 was taken away to be repaired. 184 00:15:21,380 --> 00:15:25,860 Sandy and Robert had given the explanation that they struck a deer that night. 185 00:15:26,220 --> 00:15:35,160 And that was really significant because we were able to establish that every time that car had been damaged previously, 186 00:15:35,400 --> 00:15:39,660 through the insurance, it had went to a specific garage to be repaired. 187 00:15:39,660 --> 00:15:46,380 On this occasion, the vehicle didn't go to that place. There was no report to the insurance. 188 00:15:46,760 --> 00:15:52,000 That was really, really interesting because if you had just struck a deer, why would you not claim your insurance? 189 00:15:52,380 --> 00:15:56,880 Not only that, the place the vehicle had been taken to for repair was miles away. 190 00:15:57,940 --> 00:16:01,100 Actually, the garage owner still had images. 191 00:16:02,060 --> 00:16:07,920 That car did have near-side damage to it, which would be consistent of where they would have struck a 192 00:16:07,920 --> 00:16:08,400 cyclist. 193 00:16:09,340 --> 00:16:15,760 It just adds another wee piece to the puzzle and another wee piece of evidence required to convict these individuals. 194 00:16:19,260 --> 00:16:25,240 When my dad was found, we found out at that point that it was potentially a road accident and that 195 00:16:25,240 --> 00:16:25,900 my dad had been struck. 196 00:16:26,320 --> 00:16:32,760 One of the hardest things going through all of this was the fact that we didn't know the details. 197 00:16:33,520 --> 00:16:40,940 Because of our profession, my brother and I, being in the police, we also knew, don't ask questions. 198 00:16:50,340 --> 00:17:02,440 When the inquiry seized their mobile phones, we could see the conversations that were going on between the brothers and 199 00:17:02,440 --> 00:17:02,940 other people. 200 00:17:04,400 --> 00:17:10,820 We then found a video. You could see the dashboard, the cockpit of a 4x4 truck. 201 00:17:11,260 --> 00:17:17,400 And it was on that stretch of road, heading between the bridge of Orkey to Tyndrum. 202 00:17:18,060 --> 00:17:22,960 And you saw a hand lifting up a can of tenants, shouting cheers and laughing. 203 00:17:23,480 --> 00:17:27,460 And I remember myself and my colleague that were looking at the phones, we couldn't believe what we were seeing 204 00:17:27,460 --> 00:17:28,060 in front of us. 205 00:17:28,180 --> 00:17:31,020 This is a joke to them. Quite sickening, to be honest with you. 206 00:17:31,020 --> 00:17:39,600 There was also text messages and social media comments that tended to suggest other people knew more about the circumstances 207 00:17:39,600 --> 00:17:40,640 than they were telling us. 208 00:17:41,040 --> 00:17:48,060 One person said, I think about this all the time. I'm relatively local and we've known who did it for 209 00:17:48,060 --> 00:17:48,600 ages. 210 00:17:49,340 --> 00:17:54,040 They were drunk driving, hit Tony and buried his body on their property. 211 00:17:54,660 --> 00:17:58,920 Someone tipped off the police, hence them searching and finding the body. 212 00:18:00,000 --> 00:18:04,140 So it suggests that there was a lot of local knowledge. 213 00:18:05,860 --> 00:18:10,940 Whilst all of this was ongoing, the relationship between Caroline and Sandy continued. 214 00:18:11,340 --> 00:18:15,480 I think Caroline thought that she had to try and get more evidence for us. 215 00:18:15,640 --> 00:18:18,060 As part of that, she would re-engage with Sandy. 216 00:18:18,860 --> 00:18:21,160 She was so involved with wanting to help. 217 00:18:21,760 --> 00:18:24,860 Obviously, first and foremost, we were just really concerned about her and her safety. 218 00:18:24,860 --> 00:18:29,840 But she supplied us with her phone and supplied us with recordings which were entered as part of the evidence. 219 00:18:32,480 --> 00:18:38,820 She talks at one point and Robert definitely told her that when they got out of the car, there was 220 00:18:38,820 --> 00:18:42,220 a moan coming from the body and he was obviously still alive. 221 00:18:42,220 --> 00:18:50,100 That then tied in with the information we received from the expert pathologist. 222 00:18:51,240 --> 00:18:57,360 It was quite upsetting pathology results because there probably could have been a period of up to half an hour 223 00:18:57,360 --> 00:19:00,380 for which he would have been alive after the point of impact. 224 00:19:01,900 --> 00:19:04,700 The last thing you want to think is that that was somebody's last half hour. 225 00:19:05,780 --> 00:19:09,120 He would have known he was dying and he would have known he was in the middle of nowhere and 226 00:19:09,120 --> 00:19:10,380 he would have known there wasn't help coming. 227 00:19:10,880 --> 00:19:11,660 And that's really sad. 228 00:19:12,660 --> 00:19:18,260 At the point in time when they have realised that he is at the side of the road and is 229 00:19:18,260 --> 00:19:22,820 still alive, a reasonable person would be making a decision to get somebody help. 230 00:19:23,100 --> 00:19:26,400 To see if he had just phoned 999 and held his hand and told him it was going to be 231 00:19:26,400 --> 00:19:31,500 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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