The family Perth man Barry Dixon have called for an urgent review of the police investigation into his death.
Barry to stabbed in the heart by Robbie Smullen in a flat in Perth in June 2019.
He was convicted of culpable homicide and sentenced to nine years and three months in prison.
Barry’s family remain furious he was not found guilty of murder and have slammed what they view as a botched investigation.
In a scathing statement issued on behalf of Barry’s aunt Jade Taylor, by human rights lawyer, Aamer Anwar, they said on Friday: “From the outset our family has been treated with total contempt by senior detectives from Police Scotland.
“Barry was left to die alone, in agony and terrified at the age of 22 years old at the hands of a habitual violent offender who was due in court the next day to be sentenced for threatening him the year before.
“Barry’s life was important to us, his life mattered to us, he deserved to have justice and sadly that did not happen today.
“We will seek an urgent review of the police investigation by Police Scotland and the Crown Office, it was fundamentally flawed from the very beginning and led to the injustice we see today.”
Smullen’s mother Mary Theresa was also sentenced to 180 hours of unpaid work having admitted to perverting the course of justice.
The 47-year-old phoned police and blamed the death on her son’s girlfriend Shannon, however Lady Carmichael stated in court that “thankfully” her actions hadn’t misled police for long.
Barry’s family have since started an online petition demanding a custodial sentence for Mrs Smullen.
Jade is also fundraising with the hope of raising £50,000 to continue their legal challenge against the investigators.
Their statement explained the family did not attend the sentencing of Robbie Smullen and his mother because they were “appalled by the injustice of the false information presented by the Crown Office and the Criminal Justice that had already decided that Mary Smullen should not be sentenced.”
It went on: “Our family is distraught that justice has not been served for Barry Dixon… yet his killer will be free after a few years having only been convicted of culpable homicide.”
The statement slams as a “false narrative” that relied on in court, that Barry was in his underwear when Smullen arrived at the property of his former girlfriend.
“This false narrative started from Police Scotland and was continued by the Crown Office, despite there being a clear log of evidence included in the information sent to the Crown Office, which confirmed ‘the clothing removed from Barry at Ninewells Hospital had been exactly matched to the clothing Barry is seen wearing at various points during the evening, captured on CCTV.
“This false information was given to the jury and to the Judge, Lady Carmichael as fact.
“We repeatedly questioned this, knowing it just was not right.”
They say Barry was only known to Smullen because he had previously been randomly threatened by him and others in April 2018.
The statement again slammed the Smullens for hatching a plan to blame the murder on the killer’s former girlfriend.
“Seeing Barry, a young boy lying there, alive but bleeding did not deter them from their wicked plan.
“Mary Smullen’s friend admitted under oath to taking photos of Barry after they attempted to take a video.
“We firmly believe the photos were taken as a trophy to take back to Robbie Smullen. Mary Smullen and her friend then both participated in a 999 call, where Mary Smullen falsely stated she was Shannon Beattie, part of their plan to blame Barry’s murder on this person.
“Barry is heard in the background of the call shouting out ‘no’, repeatedly.
“He sounds terrified and hearing this fear and suffering while this recording was played in court will never leave us.
“They then fled the scene before the police and emergency services arrived minutes later to find Barry now silent and motionless.
“Despite his horrific injuries and blood loss, Barry was still alive, but he died a few hours later in surgery; the hospital surgeon confirmed he had suffered immensely.”
They reiterated their belief Barry would be alive today if Smullen’s curfew conditions had been properly enforced on the evening of the killing.
Officers are set to meet with the Dixon family in the near future to discuss their concerns.
A police spokeswoman said: “Our thoughts remain with Barry’s family and friends, and we are aware of their concerns.
“Arrangements have been made to meet with them soon to discuss these further.”
A Crown Office and Procurator Fiscal Service spokesperson added: “We understand the impact that involvement in the criminal justice system can have on those who have lost a loved one, and our thoughts are with Barry Dixon’s family as they attempt to come to terms with their loss.
“In all cases, prosecutors make decisions following full and careful consideration of all of the facts and circumstances, including the available admissible evidence.
“Sentencing is a matter for the presiding judge.
“We have received correspondence in relation to the family’s concerns and will respond in due course.”
