The family of Colin Marr, who died from a stab wound to the chest in July 2007, has voiced strong criticism of prosecutors due to the prolonged nature of a review into his death. The review is now in its sixth year.
Marr, 23, died from a single stab wound at the flat he shared with his fiancée, Candice Bonar, in Lochgelly, Fife, following an argument. The initial police investigation concluded that Marr had taken his own life, a finding his family has consistently contested.
A fatal accident inquiry in 2011 was inconclusive, with the presiding sheriff unable to determine whether the death was suicide or homicide. The Crown Office and Procurator Fiscal Service initiated a review focused on the forensic and pathology aspects of the case in 2023.
This decision followed a police review that began in 2021. During that review, the family presented a report from Dr. Nat Cary, a leading pathologist, who stated that it was "both possible and plausible" that Marr's injury was "inflicted by a third party." Dr. Cary's report also raised questions about the police's findings regarding the stab wound's location.
Marr's mother, Margaret, and stepfather, Stuart Graham, have been advocating for answers for years. They expressed a loss of hope, stating that the Crown Office has taken over five years to conclude its review without adding significant new information.
"After years of being fobbed off and resisting efforts to steer us away from the facts established by a fatal accident inquiry, we actually believed there was something positive going on," Graham said. "The Crown Office gives us updates, sets its own deadlines for the next updates – and then misses them."
Graham added that they had sought a report from Dr. Cary, described as the UK's leading pathologist, which he found to be "damning." He questioned the reasonableness of an investigation taking so long, especially when the report has been with prosecutors for over five years.
At the time of Marr's death, Bonar told police and paramedics that he had stabbed himself because she was leaving him. The senior officer at the scene accepted this account, leading to the discontinuation of detailed forensic work. Consequently, the procurator fiscal did not attend the scene, which was not secured, and the post-mortem examination was conducted by a single pathologist. In Scotland, murder cases typically require two doctors for corroboration.
Bonar, who emigrated to Australia in 2008, returned to Scotland in 2011 to give evidence at the fatal accident inquiry. She denied killing Marr and has maintained this stance.
The family also has concerns about the lack of investigation into claims that a third person may have been present at the flat. An upstairs neighbor reported hearing three adult voices raised, and other individuals, including a police sergeant, reported seeing a tall man outside the property. In 2021, along with Dr. Cary's report, the Grahams provided Police Scotland with further material, including witness statements concerning a potential third party.
"One of these witnesses was a police sergeant and they didn’t even take a further statement from him to try to establish who he saw. It’s unthinkable and it’s negligent," Graham stated.
Dr. Cary, who served as the lead pathologist in the Soham child murders case, has previously criticized Scottish police and prosecutors for not treating Marr's fatal stabbing as a homicide. He maintains that the single stab wound is inconsistent with suicide.
Graham expressed concern that the "barrier to effective prosecution is the previous failings of the Crown Office and the police," adding, "It only takes one person with authority and integrity to address this. We are not going away."
Bonar was contacted via social media but did not respond to requests for comment.
A Crown Office spokesman stated, "Our inquiries are nearing completion. Once they are finalised, the evidence will be reviewed by an independent senior prosecutor."