Demand Justice For Barry Dixon - help us ensure there is a full independent enquiry.
Demand Justice For Barry Dixon - help us ensure there is a full independent enquiry.
We are campaigning for the Scottish Government to order a full enquiry into the investigation carried out by Police Scotland into the murder of Barry Dixon, and the Crown Office handling of the case. The failures and negligence that we are aware of so far are scandalous. Police Scotland made efforts to cover up the serious negligence and failures of individual officers for their own reputational benefit, which is institutionally corrupt.
On the evening of the 3rd of June 2019, the Police in Perth received 2 seperate reports that we know of so far from members of the public, at different times in the evening, and from different areas of Perth, reporting that Robbie Smullen was violently assaulting someone. He was subject to 3 seperate bail orders and a court ordered 7pm to 7am Police Curfew, so he should not have been out among the public. The Police did not pick him up and he ended his spree of violence when he then stabbed and murdered Barry in a calculated, deliberate, and unprovoked attack. There was no fight, Barry was defenceless. He took a knife to the property of his ex-girlfriend, where he knew Barry was, forced his way in and stabbed him through the heart. He then ran away to his mother’s house, leaving Barry to bleed out, knowing he would die. The Police attempted to hide the fact Robbie Smullen had been on a spree of violence.
When the Police later responded to an emergency call sometime later, to find Barry still in the property alone, and critically injured, they were aware if was the property of Robbie Smullen's ex-girlfriend as this was the bail address, he had been using for a few weeks, the address the Police were supposed to attend every night to ensure that Robbie Smullen was not out among the public after 7pm. They also of course knew that they had already received at least 2 seperate reports of him assaulting others only hours before.
Because of their earlier negligence, we believe that then set the scene for the shocking negligence and failures that followed, as they focused their efforts to cover up and deflect away from their failures, instead of investigating Barry's murder. They allowed 4 individuals caught fleeing the scene, to just go after briefly stopping them, failing to follow their own protocol in securing the scene, despite knowing the occupants of the car were Robbie Smullen's mother, Mary Smullen, his brother, and 2 of his mother’s friends and neighbours, who had gone to the property to check if Barry was dead. They were heard planning to blame Barry's murder on Robbie Smullen's ex-girlfriend and planning to pretend that Robbie Smullen had been home all evening. While in the property, they found Barry alive, but seriously injured. They attempted to film his suffering before taking photos of him bleeding out; after this they then made what we believe was a staged call to the emergency services, Mary Smullen and her friend both spoke on this call; falsely stating that they were the girl they were trying to frame for Barry’s murder and falsely stating that Barry had just been stabbed, despite knowing he had been bleeding out for at least 30 minutes.
This call recording was played in court and Barry is heard screaming out ‘NO’ in the background repeatedly, he sounds terrified and there is clearly something happening to him. If they had told the truth instead of continuing with their plan to frame another person, the emergency services would have known that Barry's organs were already shutting down and that he needed vital fluids and a blood transfusion, and they would have sent a road vehicle with a surgeon who could have administered this at the scene. They, however had a depraved indifference to Barry's life and only cared about their plan to frame someone else. As soon as they ended the call, they fled the scene, leaving Barry for dead.
Barry made it to hospital but died a few hours later in surgery; the hospital confirmed that he had suffered immensely. It was 2.45am when the Paramedics and Police were on the scene, and it was confirmed that Barry was identified at that point. Despite his obvious critical state, the Police did not bother to contact us, so we were denied the opportunity to be with Barry before he died, after the heinous suffering he had been subjected to, and Barry was denied the feeling of relief and comfort he would have had in seeing his family. When Barry died just before 6am, the Police did not inform us, his death was circulating on social media all day and we had no idea, until the Police finally came to let us know after 2pm in the afternoon. Barry had already been taken to the Police Mortuary and they were about to begin a post-mortem.
The Police told Barry’s family that he had been found seriously injured, undressed wearing only boxer shorts. They also told the Crown Office that Barry was undressed wearing only boxer shorts - this was a LIE. We repeatedly raised concerns about this staying Barry would not have undressed to just boxer shorts in the property where he was attacked but we were ignored. We asked to have an independent post-mortem carried out before Barry was buried, but the Crown Office refused our request. Because of what we had experience with the Police during the investigation up to that point, we felt terrified that we would find ourselves in a position after Barry was buried, that forensics had not been carried out because we knew he would not have undressed. After the trial, our fears were realised, when it was confirmed, there was no forensics taken of vital evidence. We made a formal complaint about the Police, but they refused to investigate our complaint.
During the unsuccessful trial of Robbie Smullen on the charge of Barry’s murder, the Crown presented this false narrative of Barry undressing to just boxer shorts in the property where he was murdered, the Jury were shown CCTV footage of Barry in a shop a few hours earlier and in the street, and they were specifically told that Barry had undressed when inside this property from the clothing he is seen wearing on CCTV. During this trial, the Crown did not present to the Jury other vital evidence available, it seemed as if the Crown did not want a murder conviction, and after the flawed case presented in court, Robbie Smullen evaded a murder charge, meaning there has been no justice for Barry’s murder.
After the verdict, but before the sentencing, it was finally confirmed that the information provided by Police Scotland stating Barry was found wearing only boxer shorts was false, he had not undressed. This was only admitted because we persistently chased the release of Barry's clothing. With this information the Crown did nothing and they ignored us until after the verdict, hoping we would give up, overcome with trauma, and upset. This is a scandal.
We have been appalled at the level of negligence of the detectives and officers involved and disgusted with the efforts of Police Scotland to cover this negligence up and deflect away from the failures. We have been shocked to find there are many other families in Scotland in the same position, who have been fighting and campaigning to bring Justice for their child, for years, some for decades and nothing has changed. We made numerous attempts to make a formal complaint about the Police in relation to Barry's murder, however we faced discrimination and bias and were blocked from accessing their complaints procedures. After the trial, when they finally investigated one complaint, relating to their failure to apologise and correct the false information they gave us and COPFS, alleging Barry had undressed to wearing only boxer shorts when he was found, they failed to properly investigate their failings and throughout our trauma they have continued to cover up repeated mistakes, which confirms they are institutionally corrupt. They have covered up the serious failings of individual officers and detectives, for reputational benefit, which is dishonest and corrupt.
We are asking the Scottish Government to confirm that our child mattered, that every child’s life matters and that Justice matters. Corruption, collusion, and terrible negligence from Police Scotland is not okay. This must be investigated and there must be action against the individuals responsible to ensure it never again happens to another family.