A review has concluded there is not enough evidence to prosecute a lorry driver over the death of a Dundee schoolboy 36 years ago.
Danny Leech was seven when he was hit by the HGV on Arbroath Road on September 8 1989.
The driver, Colin Nicoll – who was working for Lairds Trucking of Forfar – was making a left turn from Albert Street onto Arbroath Road when the vehicle struck Danny.
No action was taken at the time, but Danny’s family felt the police probe in 1989 was botched for various reasons, including allegations the road had reopened within half an hour of the crash and that the original officer had made up a witness statement.
Police launched an independent review of the case last year, which included staging a reconstruction.
They also spoke to a new witness, who claimed the lorry driver had “failed to see Danny despite him being in the middle of the road”.
Crash was ‘tragic result of boy’s decision to cross road’
The review was carried out by PC Sean Dempsey, based in Dumbarton, who has been a qualified road policing forensic collision investigator since 2019.
His report – which has been sent to Danny’s family and seen by The Courier – has concluded there is not enough evidence to suggest wrongdoing by the driver.
It says that the crash was likely the “tragic result” of Danny’s decision to cross the road while the lorry was turning.
Danny’s brother, John Leech, says he is unhappy with the findings, which he claims are “inaccurate and flawed”.
PC Dempsey’s report said: “Ultimately, without the benefit of a full forensic scene examination and collision investigation in the normal manner, it is not possible to attribute sufficient evidence of blame against the involved driver and it is therefore my opinion that there is insufficient evidence to suggest prosecution would be suitable now.”
However, it says a final decision would rest with the Crown Office and Prosecution Service (COPFS).
The report continued: “The available evidence suggests that the collision was most likely the tragic result of an injudicious decision by Daniel Leech to attempt crossing Arbroath Road while the involved vehicle was in the process of manoeuvring.”
The review also says it is not possible to confirm what level of investigation happened on the day, as records from the time are “almost non-existent”.
It says the allegations of the road only being closed for a short time and no investigation being carried out “are very likely incorrect”, and potentially the result of “witness rationalisation on ‘what must have happened’, or from word of mouth”.
PC Dempsey also concludes that while the driver’s view may have been obscured by bunting and other items on the windscreen, the view through the windscreen was likely not a factor, and Danny was “likely already within one of the tractor unit’s blind spots immediately prior to the collision”.
Danny’s family have previously claimed the original investigating officer made up a statement and attributed it to a girl who had been with Danny at the time of the crash, in which she said he had run onto the road.
PC Dempsey could not confirm if she had been spoken to at the time, but says there are several reasons why she may not recall speaking to police, including the trauma of the incident, or that she may not have realised she was giving a formal statement.
In a statement given to police in 2024, she said Danny had walked onto the road.
Danny Leech’s family believe police report ‘inaccurate and incomplete’
John – who has campaigned for justice for his brother for several years – told The Courier he is asking for a face-to-face meeting with police to discuss the report.
Although he accepts the crash was an “accident”, he still believes the timeline of events and aspects of the witness testimony are inaccurate.
John said: “I thank the police for carrying out this independent review and I had hoped it would bring us to a final point.
“However, I don’t believe the report is accurate and complete.
“To mind my there are many flaws and inaccuracies in it and as a result, I don’t think justice has yet been served.
“I will continue with my bid for the whole truth to be told.
“We, as a family, accept this was an accident and we do accept the version of events of the day as contained in the report.
“However, we feel a more in-depth investigation is still required to get to the full truth.
“We are still looking for more answers.”
No further action after new Danny Leech crash probe
A Police Scotland spokesperson said: “The independent review to assess new information received in June 2024 has been carried out.
“We presented the findings of the review to the COPFS and there will be no further action at this time.
“We fully appreciate the impact that Danny’s death has had on his family over the past 35 years and have provided them with a full update following our review.”
A spokesperson for COPFS said: “COPFS supported the police in a renewed investigation into Danny’s death.
“Our thoughts remain with the family and, following an update, we have offered to meet with them to discuss the circumstances of his death.”
The Courier has been unable to reach Mr Nicoll, the lorry driver, for comment.
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