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Anybody else up here remember this? At the time I remember him going missing while on a charity ride. But Christ; it never ceases to amaze/horrify me how people can possibly act.
https://www.bbc.co.uk/news/uk-scotland-tayside-central-62913661
Can somebody explain to me how one of them can offer to plead to a lesser charge of obstruction but when that is refused by the crown then go full not guilty to charges that he would have admitted? What can he hope to gain at a jury trail?
Offering to plead is all part of the game, roll the dice and see if the prosecution authority goes for it. Not going to lose much by asking.
As far as I recall an offer to take a lesser charge isn’t admissible as evidence.
A lot can happen on a run up to a trial which could send it all sideways and if the worst comes to it he can always cop a good plea at or just before the start and get any discount allowable. At trial could go cut throat defence blames the other guy entirely, puts forward duress for the reason for assisting, all sorts of fun and games.
I remember seeing in the news last year about them finding the body and the various bits of backstory, but this is just something else.
Can somebody explain to me how one of them can offer to plead to a lesser charge of obstruction but when that is refused by the crown then go full not guilty to charges that he would have admitted? What can he hope to gain at a jury trail?
Presumably he knows there is little chance of getting off with the driving and defeat the end of justice charge so the "hope" is that between now and then the Crown feel concerned about the murder charge and come back to the table with an option that the accused likes (which may involve him giving evidence against his brother!). The advantage of floating this publically now is that if it happens they can say to the judge - we offered that at an early stage we would like 1/3rd off rather than 1/10th off for agreeing it on the day of trial. I am really surprised that its being reported - I thought these things were only usually reported after the trial.
At trial could go cut throat defence blames the other guy entirely, puts forward duress for the reason for assisting, all sorts of fun and games.
Yes - although special defences need lodged in advance they can't just be sprung at trial.
Wow, that's horrific. So if they'd called an ambulance the guy might have survived?
But instead they left him dying at the side of the road, then came back and moved him to somewhere he was hidden, then came back again and buried him and poured bleach on him.
What a horrible pair of individuals.
How were they caught?
Bloody hell. We stayed at some accommodation on that farm a few years ago. Drove past it over the summer and wondered what had happened with this case.
At least the family are getting some answers, after 5 years.
How were they caught?
They kept the incident a secret until the main offendor was drunk and blurted the story to his fiance (at that point very soon to be wife) and she was the one who called the cops, making the whole thing even more incredible.
I know this because the fiance is a close friend of a relation, so even with a pinch of salt it has some credibility.
At the time I suspected that the guy had been hit by a car because that road he was on is a bloody race track after dark with a mix of HGVs, tourists and locals smashing up and down the road without a jot being given. I've ridden chunks of that road in daylight, snowball in hell I'd do it at night. But that doesn't excuse what they did at the time or after.
Fair play to the fiance doing the right thing.
Flipping heck, that must have been dreadful for her.
I remember this story vacationing with family in his hometown. I am glad they worked it all out.
RIP Sailor.
There's a bit of an update on the BBC website as the family seemed to have reached a compensation deal with the insurers. There's no way it's going to compensate for their loss or the horror that later unfolded, but, as their solicitors commented, it will at least help secure the future of his relatives.
There were reports of the McKellar's former partner complaining about police actions during investigation, but seems to have gone quiet.
Something on The Times about PIRC dropping things after resignations, but I can't see the full article.
Having followed the case over the years, still can't believe the sentences passed on the McKellars. Incredibly lenient.
Fundamentally judges don't ride bikes, and in turn don't give a toss.
Fundamentally judges don’t ride bikes, and in turn don’t give a toss.
not sure why judges fundamentally don’t ride bikes - surely an ideal leisure activity for someone with plenty of cash and a sedentary occupation? It is often described as the new golf - and you can’t get much more of a judges sport than golf. Judges come from the pool of solicitors/barristers/advocates - do none of them cycle either?
ultimately 12 yrs is probably about the going rate for culpable homicide (manslaughter) - it would have been very lenient for murder but the crown didn’t prove the necessary facts for murder.
the staggering thing here is a settlement is only just being reached for the insurance claim. How, following a conviction was the insurer hoping to avoid paying out?
As BigG says, he showed his fiance the location of the grave, she dropped a redbull can there to remember location then contacted police...
the staggering thing here is a settlement is only just being reached for the insurance claim. How, following a conviction was the insurer hoping to avoid paying out?
My recollection of the ex-fiance's complaints is they centred around the police releasing her name to people they shouldn't have, including the victim's son, who was a police officer. It may be that insurers waited until all the PIRC investigations were complete.
Please forgive my ignorance here. I am not meaning to appear like an idiot. Can someone explain to me why the convicted killer's motor insurance is paying compensation please? I don't get it. Is it a third party thing?
cos the insured vehicle hit and killed someone, liability, innit. i'm assuming they also repaired it without checking to see if it had been involved in an RTA
Murder Case, The Vanishing Cyclist: Episode 1: www.bbc.co.uk/iplayer/episode/m002h384 via @bbciplayer
Pretty awful watch.