The family of a seven-year-old boy who died in 1989 after being knocked down by a lorry in Dundee say they are considering launching a civil dispute.
Police Scotland has ruled that no criminal action will be taken into the death of Danny Leech because of “insufficient evidence”.
Now his loved ones are planning a separate legal bid – the details of which they can’t yet disclose – as they seek the justice they say Danny deserves.
“Frustration is key, without a doubt. It’s aimed at no one in particular,” said Danny’s brother John Leech, whose own investigations sparked a police review of the case.
STV News“We still have a couple of avenues to look into and decide, once we’ve had a family discussion, the options that we will be looking into.”
Danny’s death has been the centre of a fresh investigation in recent months.
After years of campaigning from the Leech family, officers returned to the scene of the busy junction on Arbroath Road, using the same model of lorry to take the same left-hand turn.
Police Scotland recently presented their findings to Danny’s loved ones.
The report confirmed the family’s suspicions that the lorry driver’s windscreen view was compromised by items including hanging pendants and soft toys.
However, it deemed this was “likely not a factor” in the collision, arguing the driver’s nearside view was of “higher priority”.
The report concluded Danny’s death was the result of an “injudicious decision” to cross the road.
“I think criminally the road is at an end, there will be no criminal proceedings and as a lawyer, I fully understand why and have explained that to the family,” said George Donnelly, who has supported the Leech family in discussions with police.
STV News“As far as the civil case is concerned, there is one avenue the family continue to investigate.”
The Leech family has taken civil action before.
In the 1990s, a case against the driver of the lorry was dropped, which the family claim was due to the appearance of a statement attributed to Danny’s cousin Karen in the hours after his death.
It stated the seven-year-old ran off the pavement into the side of the lorry.
Karen has since denied making that statement, and in a revised account, said the impact was with the front of the vehicle.
“The family should be very proud that they have achieved much more than the original inquiry did in 1989,” added Mr Donnelly.
“They have traced witnesses and dug much deeper than anyone else did.
“I think the real problem is, a proper job may not have been done in 1989 and I think that’s what’s really bothering the family.”
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