:00:09. > :00:13.$:STARTFEED It's not the warm surf and sun-kissed beaches that have
:00:13. > :00:19.drawn Harry Lindsay to the Costa del Sol. He is not here to relax.
:00:19. > :00:25.The only way Spain can soothe him is to give up the secrets of his
:00:25. > :00:35.son Chris's death. A death which has shattered those left behind.
:00:35. > :00:36.
:00:36. > :00:40.The shock is the worst part of it. That is the worst part, I think.
:00:40. > :00:44.The circumstances around it and not knowing. Not knowing if Chris
:00:44. > :00:48.Lindsay was murdered. If the bruising goes right round the body,
:00:48. > :00:54.if I was looking at that, I would have thought that demands an answer.
:00:54. > :00:59.His family's demanding a police investigation. They are not
:00:59. > :01:04.listening to us at all. We are going to keep chasing for them to
:01:05. > :01:14.listen to us. Tonight, we follow Chris's father as he fights to find
:01:15. > :01:26.
:01:26. > :01:31.Every father expects his children to outlive him. Harry Lindsay was
:01:31. > :01:36.no different. Until the worst happened. In a cemetry near his
:01:36. > :01:41.home, he showed me where his middle son was buried last October. Time
:01:41. > :01:48.flies by that way and you would think it was yesterday. Sometimes
:01:48. > :01:57.you wish it never happened. We have the photograph of him. Is this a
:01:57. > :02:04.typical Chris photo? Aye, it is, his hair is flat. It is the one
:02:04. > :02:12.because we thought he smiled. is him, that smile? Yes, that smile.
:02:12. > :02:19.Do you talk to him? Oh, aye, you don't let go, yeah it gives you a
:02:19. > :02:29.bit of release, that bit of quietness, you can sit and say how
:02:29. > :02:30.
:02:30. > :02:35.you feel. Sometimes when you are here it's hard to leave. It's also
:02:35. > :02:40.hard for Chris's dad to come to terms with his loss, not just
:02:40. > :02:43.because his son was only phrbgs but Chris and his partner had a new
:02:43. > :02:51.baby and he was doing so well at work, he had been rewarded with a
:02:51. > :02:55.trip to Spain. He was doing very well. He was in a position with a
:02:55. > :03:01.marketing company, that he was ready to take over an office
:03:01. > :03:05.himself. That is why he was over in Spain, because he was an achiever.
:03:05. > :03:08.Although the ones over there, Christopher was the only one who
:03:08. > :03:14.didn't have an office, but because he was doing so well, they thought
:03:14. > :03:19.they would reward him by asking him to come over, to go over to Spain.
:03:19. > :03:24.Harry has since learned Chris was on a night out with his senior
:03:24. > :03:29.colleague Brian Quinn. They became separated. In the early hours Brian
:03:29. > :03:36.Quinn returned to their rented villa, Chris never did. What we
:03:36. > :03:43.know now, 5.55 Christopher was found lying by the police, and
:03:43. > :03:53.Fuengirola feng. He was unconscious. The police then phoned an ambulance,
:03:53. > :03:57.
:03:57. > :04:00.and the ambulance came and they As Chris was being treated in
:04:00. > :04:10.hospital, back home in Edinburgh, his partner Vicky didn't know
:04:10. > :04:14.anything was wrong. She was busy looking after their new son Jude
:04:14. > :04:20.when she received a frightening phone call from Spanish medics.
:04:20. > :04:24.When they phoned me and I got all the emotions, I thought he could be
:04:24. > :04:29.in hospital with just a broken afrl and then I thought, they are not
:04:29. > :04:35.telling me anything, has he died. I was thinking has he died. "You need
:04:35. > :04:41.to come to Spain now ". I was like, oh my God, what's happened.
:04:41. > :04:46.even Chris's doctors knew that. His father flew to Spain to be by his
:04:46. > :04:51.bedside. The doctors explained he was in a very critical condition
:04:51. > :04:57.and he could die at any time, his kidney and liver weren't responding,
:04:57. > :05:03.and he was on a ventilation machine. Obviously he was getting help to
:05:03. > :05:06.breathe. This is your boy. Yes. This is possibly the end, what is
:05:06. > :05:12.going through your mind as you are sitting there, Harry, hearing this
:05:12. > :05:16.from the doctor? It was terrifying. We just wanted to see Christopher
:05:17. > :05:21.to see what condition he was in. The doctor said if he did come
:05:21. > :05:26.round, he would be in a very bad way. The family clung to what
:05:26. > :05:35.little hope they had been given, but there would be no recovery.
:05:35. > :05:42.After five days in hospital, Chris I remember I phoned my sister, and
:05:42. > :05:46.all I could say is he's died. She was like, oh my God, even she was
:05:46. > :05:56.in shock, everybody was in shock, and it was my birthday. I remember
:05:56. > :05:57.
:05:57. > :06:02.thinking I'm never going to be able Then the time I was waiting for my
:06:02. > :06:05.dad, I was running about the house, screaming and I phoned my mum then,
:06:06. > :06:15.and my mum came as well and my house just descended with hundreds
:06:15. > :06:24.of people. Throughout the day. Hundreds of bouquets of flowers.
:06:24. > :06:30.And I still didn't believe it. looking into Chris's death, I have
:06:30. > :06:34.studied the Spanish postmortem. It found that Chris died from multiple
:06:34. > :06:39.organ failure, but pathologists couldn't work out why. I searched
:06:39. > :06:45.Chris's medical notes for clues. They revealed doctors thought he
:06:45. > :06:49.had partied too hard. They also record something more sinister, the
:06:49. > :06:56.possibility of an attack. Chris was found without his wallet and
:06:56. > :07:00.passport, and with extensive injuries. They did notice in the
:07:00. > :07:06.left leg he had two deep lacerations on the knee, deep. I
:07:06. > :07:15.was shocked about them. I noticed round from his stomach, round to
:07:15. > :07:21.his back, there was bruising. That bruising was a mark that continued
:07:21. > :07:25.from the front of his stomach to his back. Is it possible these
:07:25. > :07:32.injuries could have happened if he fell over? No. They couldn't see it.
:07:32. > :07:37.I was sure of it. Christopher had been attacked in some way. Harry
:07:37. > :07:41.believes this photograph of Chris's body is clear evidence of an
:07:41. > :07:45.assault. The picture shows heavy bruising on his side and stomach.
:07:45. > :07:49.The hospital was sufficiently concerned to fill out a police
:07:49. > :07:52.report. But that didn't trigger an investigation. So have the Spanish
:07:52. > :07:57.authorities ignored a violent crime?
:07:58. > :08:02.I wanted an expert opinion. Tom Wood was second in command of
:08:02. > :08:07.Lothian and Borders Police. He agreed to review the case. They are
:08:07. > :08:16.saying basically his organs failed but they are not sure what happened
:08:17. > :08:25.before that. Without a full investigation, you have no chance
:08:25. > :08:32.of finding that out. Take a look at the autopsy photograph there, it's
:08:32. > :08:36.possible to see the bruising around his middle. What is your assessment
:08:36. > :08:46.of that as far as you can tell? would be very hard to get that
:08:46. > :08:50.accidentally. Usually if you fall when drunk, your face could be
:08:50. > :08:54.injured, your hands and limbs can certainly be injured, as you try
:08:54. > :09:01.and break your fall. Your knees and limbs can certainly be injured, but
:09:01. > :09:05.it is very hard to injury yourself in this way, especially if the
:09:05. > :09:11.bruising goes right round the body. If I was looking at that, I would
:09:11. > :09:15.have thought that demands an answer. Would a case like this result in a
:09:15. > :09:19.police investigation in this country? Yes. Yes, certainly it
:09:19. > :09:24.would. Without the Spanish authorities taking similar action,
:09:24. > :09:30.this little boy may grow up with lots of questions about why he has
:09:30. > :09:37.no dad. Jude is Chris's third child. There are two older boys from past
:09:37. > :09:42.relationships. All are victims in this tragedy. I think what is the
:09:42. > :09:48.worst thing is the circumstances around it and the not knowing. If
:09:48. > :09:51.you knew what had happened, then you would be able to process that,
:09:51. > :09:56.but we don't know and what we are being told and what we are seeing
:09:56. > :09:59.are different things. What we are being told has been contradicted,
:10:00. > :10:06.and when we have asked for answers, we have not been given them. That's
:10:06. > :10:09.made it hard. The charity Victim Support Scotland has taken up the
:10:09. > :10:14.case. The family was referred to them by the Scottish Justice
:10:14. > :10:19.Secretary. In fact, Kenny MacAskill was so concerned he raised Chris's
:10:19. > :10:25.death with the Spanish consul general in Edinburgh. Even that did
:10:25. > :10:30.not secure a formal investigation. Victim Support Scotland is not
:10:30. > :10:35.surprised. I went to their annual conference to find out why. Because
:10:35. > :10:38.if there is no investigation, there is no crime. If there is no crime,
:10:38. > :10:43.no-one cares. Getting an investigation is an important
:10:43. > :10:47.factor and we do experience a lot of reports from people who couldn't
:10:47. > :10:51.get the police to believe them, to to take them seriously or or
:10:51. > :11:01.investigate the crime. How do you feel about that? I think in the
:11:01. > :11:08.
:11:08. > :11:14.21st century, it's terrible. This shouldn't be happening in Scotland.
:11:14. > :11:20.It shouldn't be happening in the rest of Europe.
:11:20. > :11:23.In the Spanish resort of Fuengirola, a serious crime may well have been
:11:23. > :11:28.ignored. This is where Chris Lindsay came to celebrate with work
:11:28. > :11:33.mates. It was a night out in this town that became a nightmare for
:11:33. > :11:39.his whole family. Almost a year on, Chris's father decided to come back
:11:39. > :11:43.to Spain to search for answers. Harry travelled with David Sinclair
:11:43. > :11:50.of Victim Support Scotland. They met me to explain what they hoped
:11:50. > :11:55.to achieve. Harry Lindsay's needs in this case are justice for what
:11:55. > :11:59.he believes to be the mother and son. There is no inquiry and until
:11:59. > :12:02.there is a formal investigation no- one will know what happened. How
:12:02. > :12:09.optimistic are you that you can make that break through? You have
:12:10. > :12:15.got to be optimistic. You have got to hope that you can get that. I'm
:12:15. > :12:22.hoping we can get them to change. How important is it to you and the
:12:22. > :12:26.wider family that you do get closer to the truth? It's hard to explain
:12:27. > :12:30.how important it is. It is important for myself, my family,
:12:31. > :12:35.it's important for everybody who has helped us. Harry Lindsay and
:12:35. > :12:38.his family are on a very tight deadline now because the tissue
:12:38. > :12:42.samples taken from his dead son will be destroyed in six months'
:12:42. > :12:48.time and after that there would be no need for any investigation
:12:48. > :12:52.because it is unlikely there would be any result.
:12:52. > :12:57.We have pieced together what we know about the night which ended
:12:57. > :13:03.with Chris being found collapsed in the street. This is the village of
:13:03. > :13:06.Calahonda, about nine miles west of Fuengirola. Chris and eight others
:13:06. > :13:12.from the marketing company were stay nothing a villa here. They
:13:12. > :13:19.were on a four-day break, celebrating their sales success. On
:13:19. > :13:23.the night of Saturday 1st October, the group were driven to Fuengirola.
:13:23. > :13:28.They ate dinner at a restaurant on the edge of the town's busiest
:13:28. > :13:33.night spots. According to those who were on the trip, they finished
:13:33. > :13:43.eating at 12.30, most of the group then travelled back to the villa,
:13:43. > :13:47.
:13:48. > :13:56.Chris and his senior colleague, Brian Quinn. They visited bars
:13:56. > :13:59.along the seafront. They ended up here, the Old Town Cafe. Brian
:13:59. > :14:05.Quinn says they became separated when Chris went to buy buy drinks
:14:05. > :14:11.while he waited outside. Brian Quinn says he searched for Chris
:14:11. > :14:15.without success success and took a taxi back to their villa at 3.00am.
:14:16. > :14:25.Almost three hours later, Chris was found lying on the ground, just one
:14:26. > :14:29.
:14:29. > :14:35.street away from where he was last By day, it is a bustling shopping
:14:35. > :14:39.area, which Harry wanted to see for himself. What goes through your
:14:39. > :14:47.mind when you think of him that night, perhaps a bit worse for wear,
:14:47. > :14:51.and in your view being confronted by attackers? It's very frightening.
:14:51. > :14:57.You are trying to live through where he was coming from, what pub
:14:57. > :15:03.to come out, what alleyway did he come out from, who was following
:15:03. > :15:08.him? How did he get attacked. What were the circumstances around that,
:15:08. > :15:12.that put Christopher in the position he was in. Harry's tracked
:15:12. > :15:16.down a man who is uniquely placed to shed new light on what happened.
:15:16. > :15:20.He's the nurse who treated Chris when he first arrived in hospital,
:15:21. > :15:25.and perhaps the only one to have heard his account of the night.
:15:25. > :15:30.Jose Cabrera may be the last person Chris spoke to before he slipped
:15:30. > :15:36.into a coma from which he would not recover. When I asked him what
:15:36. > :15:42.happened to him, he said to me, later in the night, he stayed by
:15:42. > :15:50.himself in the pub, and there in the pub he met two persons, two
:15:50. > :15:56.black men. He said to me that. He started drinking with them. After
:15:56. > :16:01.that, he said to me he went out from the bar and he had the
:16:01. > :16:09.sensation, the feeling that someone was chasing him. After that he
:16:09. > :16:13.didn't remember anything else, only he woke up in the hospital. Did you
:16:13. > :16:22.think he had been attacked? Well he had signs of violence, all right.
:16:22. > :16:27.He had bruises in the abdomen. It looked like it was hit here in the
:16:27. > :16:36.abdomen. Looking at him as your patient, would you say he had been
:16:36. > :16:42.attacked? I think so. Any doubt about that? No. It was impossible
:16:42. > :16:47.that he could make himself those injuries, it was impossible. Do you
:16:47. > :16:53.think the police should investigate this case? Yes, I think so. Because
:16:53. > :16:57.of the physical injuries and Christopher's death as well, I
:16:57. > :17:00.think so. Most of Chris's work mates flew back to Scotland two
:17:00. > :17:04.nights after he went missing. They received a message at the airport
:17:04. > :17:08.to say he was in hospital. Those I have spoken to said they didn't
:17:08. > :17:13.think his condition was serious. So they boarded their flights without
:17:13. > :17:21.him. Chris's family were still in the dark. It wasn't until the next
:17:21. > :17:25.day they heard from the hospital that his life was in danger.
:17:25. > :17:29.As the months have passed, Harry has become more determined to find
:17:29. > :17:34.out exactly what killed his son. He refuse toss believe that alcohol
:17:34. > :17:39.and drugs were entirely to blame. But we can't be sure they
:17:39. > :17:43.contribute do his death. While we were in Spain we received a full
:17:43. > :17:47.translation of Chris's medical notes. We We showed them to Harry.
:17:47. > :17:55.They described Chris as a drug user, a toxicology report says he tested
:17:55. > :18:04.Harry told us his son had weaned himself off cocaine weeks before
:18:05. > :18:14.the Spanish holiday. Christopher had it bad. Maybe go on it for a
:18:15. > :18:18.
:18:18. > :18:24.day, maybe longer. And I don't know how much, only in money-wise, cost-
:18:24. > :18:25.wise, because I don't drink or smoke, I don't take drugs, so you
:18:25. > :18:32.are probably asking the wrong person, because I have to try and
:18:33. > :18:38.find out these things. But no, it's a waste of time, it is an ugly
:18:38. > :18:44.habit, but I felt he was settling in to life now. He had maybe been
:18:44. > :18:49.over that rocky period. A lot of boys and girls, they go through
:18:49. > :18:55.throughout the years, it it could be drink or drugs or anything. I
:18:55. > :18:59.felt Christopher was going past that and he was settling down. He
:18:59. > :19:06.had his third son, and I felt this was the turning point for
:19:06. > :19:10.Christopher. I felt we were on the track right with him now. You don't
:19:10. > :19:15.pretend Chris was an angel. No he was not an angel, what boy is an
:19:15. > :19:25.angel. You have to let them live their own life. You try and hope
:19:25. > :19:26.
:19:26. > :19:30.they will learn by their mistakes, if they have made mistakes.
:19:30. > :19:33.can't be easy for Harry to speak publicly about his family's
:19:33. > :19:37.problems but he is prepared to do so in the hope it will bring him
:19:37. > :19:40.him closer to the truth. It is a heartbreaking story, a father here
:19:40. > :19:50.who still doesn't have answers 12 months on as to what happened to
:19:50. > :19:50.
:19:50. > :19:57.his son. We hope to get some new information. Jose is speaking to
:19:57. > :20:02.police and such and before we go away, we hope we may get an inquiry
:20:02. > :20:08.into Christopher's death. I was still puzzling over why there
:20:08. > :20:11.had not already been a full investigation. Chris was badly
:20:11. > :20:15.bruised. His money and travel papers were missing. He told a nurt
:20:15. > :20:18.he thought he had been followed. Why had this not prompted the
:20:18. > :20:24.police to act. Perhaps because Chris was found in one town,
:20:24. > :20:27.treated in another and died in third, his case is caught between
:20:27. > :20:36.three different courts A judge in any one could have taken up the
:20:36. > :20:42.case. None of them appears to have done so. Harry's best hope of
:20:42. > :20:52.getting justice lay in a meeting with the police in Fuengirola. This
:20:52. > :20:55.
:20:55. > :21:01.was his first opportunity to speak Harry and his team reemerged after
:21:01. > :21:08.half an hour of talks. None of us expected what came next. How did it
:21:08. > :21:13.go? It looks as if we have got the result we were looking for. They
:21:13. > :21:17.are going to do an investigation now into Christopher's death.
:21:18. > :21:22.kind of investigation? Well, as far as I am aware, a full investigation,
:21:22. > :21:27.police investigation into it. The judge is sending the form down for
:21:27. > :21:31.the police to carry on the investigation. No doubt about that
:21:31. > :21:35.at all? No doubt at all. What did the police chief say to you?
:21:35. > :21:43.don't know if it was the police chief, it was one of the inspectors
:21:43. > :21:48.there. He had the formal report from the judge, sent from Malaga
:21:48. > :21:52.down, and it is on the desk there. It is stamped and I think Jose is
:21:52. > :21:58.getting a copy of that as well. What does it mean to you? It means
:21:59. > :22:05.a lot. It is a lot off your shoulders as well. Now we can wait
:22:05. > :22:10.and let people get on with the job. Hopefully the police will come up
:22:10. > :22:15.with the answers for us now. What's made the difference? Very difficult
:22:16. > :22:20.to say, but the inspector that we have spoken to said, made it clear
:22:20. > :22:24.to us that they had had difficulties in getting a formal
:22:24. > :22:30.decision from the judge, who controls this Fuengirola district,
:22:30. > :22:33.and even now they have been told to proceed and make enquires, a formal
:22:33. > :22:40.investigation, they are now writing back to the judge and seeking her
:22:40. > :22:45.authority to travel to Scotland to interview people who travelled with
:22:45. > :22:48.Christopher on that fateful trip. But the investigation is now
:22:48. > :22:54.getting under way? It is now a formal police investigation. Thank
:22:54. > :23:01.you very much. This dramatic development seemed to
:23:01. > :23:04.lift a huge burden from Harry's shoulders. But starting an inquiry
:23:04. > :23:13.doesn't guarantee results. The retired lawyer who helped Harry get
:23:13. > :23:17.this far is only too well aware of that. I asked Jose whether it was
:23:18. > :23:26.already too late for a successful investigation. I hope no. I hope no.
:23:26. > :23:32.I really think so, that it is too late to find some evidence because
:23:32. > :23:42.the evidence doesn't assist any longer. The hospital, even the
:23:42. > :23:42.
:23:42. > :23:47.hospital has lost the trousers, the shirt, everything, all the things.
:23:47. > :23:57.They were obligated to keep here for six months. There is no
:23:57. > :24:00.
:24:00. > :24:05.evidence. But I think the police, the only thing they can do now is
:24:05. > :24:15.to go to Scotland and to interview all the friends of Chris. It's the
:24:15. > :24:20.
:24:20. > :24:25.only thing. I don't think there is Early the next morning, as Harry's
:24:25. > :24:29.mission to the Mediterranean drew to a close, I sat with him as he
:24:29. > :24:35.reflected on the promise of a police investigation. Do you think
:24:35. > :24:41.they have left it too long to get all the answers? I think so, yes. I
:24:41. > :24:47.think that's something you have got to be realistic about, that you
:24:47. > :24:52.might not get everything you want. But to get this far, this is
:24:52. > :24:58.tremendous. To get where we are just now. This is really good.
:24:58. > :25:04.Anything that comes along now will be a bonus, and hopefully an extra
:25:04. > :25:14.bonus, but we will wait and see. We will see how we get on. Have you
:25:14. > :25:19.
:25:19. > :25:29.ever felt like giving up? It's not in my make-up. What is it that
:25:29. > :25:41.
:25:41. > :25:51.It's for Chris's sons, Harry's grandsons that he is determined to
:25:51. > :26:00.go the extra mile to find the truth. The journey has already been long
:26:00. > :26:06.and wearing. -- waring. Late the next nim, Harry arrives
:26:06. > :26:16.back home. His family are waiting. They don't yet know he has secured
:26:16. > :26:36.
:26:36. > :26:42.We did fine. We went there, went to the justice and we got it. They are
:26:42. > :26:52.going to do a formal inquiry into Christopher's death. We can't ask
:26:52. > :26:56.
:26:56. > :27:01.for any more than that. You've done well: It's a formal investigation
:27:01. > :27:06.and it is now for the police, the authorities in both countries, I am
:27:06. > :27:11.sure there will be co-operation to carry out any investigations. As I
:27:11. > :27:21.have said to your dad, where it goes from here is really for them
:27:21. > :27:21.
:27:21. > :27:29.to determine. It's really good news. We are a bit happier now. Maybe the
:27:29. > :27:33.the pressure is off us now a bit. We will take it one at a time.
:27:33. > :27:38.police are expected to begin their investigation by interviewing those
:27:38. > :27:42.work colleagues who were with Chris in Spain. Brian Quinn, who stayed
:27:42. > :27:47.out drinking with Chris that fateful night didn't want to be
:27:47. > :27:51.interviewed for the programme, but in a statement he said" I find it
:27:51. > :27:56.absolutely shocking that neither the Spanish police nor the UK
:27:56. > :28:00.police have made any contact at all with myself or any of the party
:28:00. > :28:02.that was out in Spain, so they could make a start and fully
:28:02. > :28:09.investigate what happened. I hope this programme might trigger such
:28:09. > :28:12.an investigation so hopefully we can all find out what so tragically
:28:13. > :28:18.happened to Chris ". Yesterday was the first anniversary
:28:18. > :28:24.of Chris Lindsay's death. A year on, the mystery is becoming harder to