Brother of toddler who died in care questions why murder probe wasn't launched

13 February 2024 , 11:38

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Alexina Kelbie died in suspicious circumstances in 1960 (Image: Daily Record)

The brother of a toddler who died in care decades ago has demanded to know why a murder probe was not launched, as he continues a search “for justice”.

Alexina Kelbie was two when she died of a major head injury while living with foster parents in Dundee in 1960. Sibling Peter Kelbie believes she was murdered but no criminality was established. Two years ago Police Scotland apologised to the Alexina’s family when a review revealed they were not alerted to harrowing evidence of abuse and extensive injuries which remained hidden for decades.

Now Police Scotland ’s Professional Standards Department is examining Peter’s calls for a fresh probe into Alexina’s death and his demands to see more evidence in his sister’s case. Peter told the Daily Record : “Sorry is one thing but dealing with justice is another, there is a lot more to Alexina’s death than meets the eye.

Peter Kelbie wants justice for his sister (Garry F McHarg Daily Record)

Peter wants justice for Alexina (Daily Record)

“What the hold up is, I don’t know. Police Scotland should have reopened the case in 2022 and they should have exhumed Alexina due to the new evidence released. I don’t think they’ll exhume Alexina and sadly I don’t think she, mum or dad will ever get justice. But I know I’ll never give up.”

Alexina and her siblings, who were of Romany Gypsy heritage, were taken into temporary care after allegations of negligence at camps emerged. She died of a head injury after being taken to hospital by her foster mother on August 31, 1960. An investigation suggested it was self-inflicted and no criminality was established by police. Tayside Police carried out reviews at Peter’s request in 1988, 1993 and in 2006.

Baby boy has spent his life in hospital as doctors are 'scared' to discharge him

A memorial to Alexina (Daily Record)

The detective in charge of the 1988 review concluded Alexina’s death had been fully investigated. The 1993 review showed physical abuse was investigated but the post mortem did not provide evidence to support it. But in 2021, Police Scotland admitted former Tayside Police officers did not alert relatives to a huge development uncovered during the 2006 review, when renowned pathologist Prof Derek Pounder found evidence of extensive abuse while examining freshly-uncovered photographs of the child’s body which had previously been missing.

Peter, who lives in Gretna, rejected an “insulting” £25,000 compensation offer after police admitted officers demonstrated “poor judgement” Prof Pounder said last year he would back Peter’s calls for Alexina’s remains to be exhumed, saying an examination of her bones and skull could help prove murder.

He said: “Even from the external appearance I don’t doubt this is an assaultive death. All we lack is the precise detail of the mechanism.”

But the Crown stated in 2009 that it must be able to prove, beyond reasonable doubt, that a crime had been committed and that an identified individual was responsible for that crime.

It said from the evidence then available at that time, it was not possible to establish a causal link between assault and Alexina’s death. Peter has now penned a letter to Police Scotland to demand they reopen the case in light of Prof Pounder’s revelations to find the proof she was killed.

Peter also wants to see statements his late mother gave to police on the day she viewed Alexina’s body, saying a string of relatives he has met with in recent years all say the mum saw coal marks on Alexina’s face and feared she had been battered with a fire poker.

He said in his letter: “In the passage of time it’s established all departments in Alexia’s care have completely failed Alexia and the did conceal the forensic evidence in 1960.”

He also accused officers who dealt with the case of “corruption” saying some failed to “pursue a proper professional police investigation into Alexina’s murder”.

Police Scotland said Peter’s complaints and requests were being investigated.

A spokeswoman said: “Our thoughts remain with Alexina Kelbie’s family, we recognise the considerable distress they have suffered over many years. Recent correspondence has been received from Mr Kelbie on this matter and has been referred to the Professional Standards Department to be reviewed. It would be inappropriate to comment further while this is ongoing.”

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