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(October 06, 2009)
CS Duncan

For there to be any confidence in your investigation you must answer what is a very simple and straightforward question. Given the present circumstances it is appropriate for you to answer this question - it is a question you can readily answer now.

Therefore, for the third time, do you accept that some documents provided by myself were not included in the reports submitted by CI MacLean and CS Cowie to the
Area Procurator Fiscal, for example, correspondence with the District Court/ Highland Council, Messrs Ferguson & Wilson, The Law Society of Scotland and COPFS regarding the assault trial of 26 August 2005 and subsequent appeal ?

The examples identified above are key items of evidence and were clearly not included in the reports submitted by CI MacLean, because he did not have them at that time, and CS Cowie, because they are not appended to his report as per information provided by the Information Commissioner. My impression is that you are not willing to accept this position because it simply confirms DCC Sutherland's position regarding the same as untrue.

Your co-operation on these matters will result in this complaint being concluded in days rather than months or years.

Stuart Hunt

Sent on behalf of Ch Supt Duncan
Dear Mr Hunt
I refer to your e-mail dated 30 September 2009, at 1431hours.
I cannot answer your question regarding the assault trial on 26 August 2005 until I am in a position to do so.  At this stage I am wishing you to specify to me what I asked for in my letter to you dated 23 September 2009.  That is
a)    what are the key items of evidence and
b)    what is the evidence tampering?
When my enquiry is complete I will write you a letter with my findings.  Until you supply me with further information, other than that already supplied, it would not be appropriate at this stage to attempt to answer questions such as  those you have posed.  When my enquiry is complete I will of course provide an answer to that question.
I shall await your response.
Yours sincerely
Ch Supt A B Duncan
Head of Operations

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