Should I Marry a Murderer? Incredible Story Of Love, Murder And The Criminal Justice Process

From Reporting a Crime of a Loved One – To Witness Protection – To Legal Defense – A Documentary That Has it All

Netflix’s Should I Marry a Murderer? has brought renewed attention to one of Scotland’s most unusual and disturbing criminal cases in recent years.

The three-part documentary tells the story of forensic pathologist Dr Caroline Muirhead and her relationship with Scottish farmer Alexander “Sandy” McKellar. What began as a whirlwind romance ultimately led to the disclosure of a long-hidden crime involving the death of cyclist Tony Parsons, who disappeared in the Scottish Highlands in 2017.

While the documentary focuses heavily on the personal and emotional impact of the case, it also raises important legal issues surrounding the reporting of serious crime, the potential for contempt of court, differences between Scottish and English criminal law, and the role of criminal defence in serious and historic cases.

The disappearance of Tony Parsons

Tony Parsons, a father of two and experienced cyclist, disappeared in September 2017 while taking part in a charity cycling event between Fort William and Aberdeen.

For years, extensive searches failed to establish what had happened to him. The truth only emerged after Alexander McKellar allegedly confessed to Dr Muirhead during their relationship.

According to reported accounts, McKellar admitted that he and his twin brother Robert had struck Mr Parsons with a vehicle while returning from a night of drinking. Instead of contacting emergency services, the brothers buried Mr Parsons on the Auch Estate where they worked.

In 2023, Alexander McKellar pleaded guilty to culpable homicide and was sentenced to 12 years’ imprisonment.

Reporting serious crime once aware

One of the central questions raised by the documentary is what someone should do if they become aware of a serious criminal offence.

Contrary to popular belief, there is not always a general legal duty in England, Wales or Scotland requiring a member of the public to report every crime they become aware of. However, the position changes significantly where someone assists an offender, conceals evidence, misleads police or helps prevent a crime from being investigated.

In those circumstances, a person may potentially face allegations such as perverting the course of justice, assisting an offender, wasting police time, or other related offences depending on the facts.

The documentary highlights the difficult position Dr Muirhead found herself in. As a forensic pathologist, she was uniquely placed to understand the significance of what she had allegedly been told. Her decision to contact the police ultimately led to the discovery of evidence that may otherwise have remained hidden.

Contempt of court and true crime reporting

As the documentary continues, and events become particularly harrowing for Dr. Muirhead, a decision she makes sees her arrested for contempt of court.

Dr. Muirhead was helping the police with the information she was providing. However it becomes clear during the documentary that her love for her partner and the impact of it all was affecting her character.

As the case went to court, the prosecution placed Dr. Muirhead under considerable pressure to attend.court – given her incredible value as key witness.

However, in the documentary, the police and prosecution come under heavy criticism for not providing Dr. Muirhead with enough witness support from the get-go – which ultimately had an impact on Dr. Muirhead which she formerly complained to the police about.

Murder and culpable homicide: Scotland and England differ

One aspect of the case that may surprise viewers in England and Wales is that Alexander McKellar was convicted of culpable homicide rather than murder.

Scottish criminal law differs in several important respects from the law south of the border. In England and Wales, murder requires proof that the defendant unlawfully killed another person with intent to kill or cause grievous bodily harm. A conviction for murder carries a mandatory life sentence.

In Scotland, prosecutors may proceed with culpable homicide where criminal responsibility for a death exists but the legal requirements for murder are not met. Culpable homicide can be broadly compared to manslaughter in England and Wales, although the tests and legal framework are not identical.

The distinction between murder, manslaughter and culpable homicide can have a significant impact on how cases are prosecuted, defended and sentenced.

Justice, victims and due process

At the centre of this case is the death of Tony Parsons and the years of uncertainty suffered by his family. The discovery of what happened brought long-awaited answers, but no legal process can undo that loss.

For those affected by serious crime, justice is not only about conviction or sentence. It is also about truth, accountability and the proper handling of evidence.

Without Dr. Muirhead, the Parson’s may never have learnt of Tony’s fate.

The documentary also highlighted the risks taken by Dr. Muirhead and whilst some of her own choices are questioned, it is difficult not to feel sympathy for her and the lack of support she received.

At the same time, as the criminal defense solicitor himself states, the criminal justice system must ensure that every defendant receives a fair process, even in cases involving deeply distressing facts.

The criminal defence angle

Cases involving confessions or admissions can create particular challenges for criminal defence solicitors.

For defence teams, key issues may include:

• whether the defendant’s account is reliable and complete;
• whether the correct charge has been brought;
• whether intent, knowledge and causation can be proved;
• whether any delay has affected the fairness of proceedings;
• whether mitigation changes the appropriate outcome.

In this case, the defense solicitor lays out quite specifically the legal defense case – most of which centred on calling into question the character of Dr. Muirhead, but also raised concerns regarding some of the points made by the experts in their reports into events surround Mr. Parson’s passing.

The defence role is not to excuse serious wrongdoing, but to ensure that the evidence is properly tested and that the correct legal principles are applied.

In certain cases it isn’t about getting an “innocent” verdict – sometimes the best case scenario is a lesser conviction and sentence.

Is It Worth a Watch?

Should I Marry a Murderer? is more than a true crime documentary. It raises important questions about personal responsibility, reporting serious crime, Scottish criminal law, contempt of court and the challenges of defending historic cases.

For viewers, the case is a stark reminder that criminal law often deals not only with what happened, but with what can be proved, how evidence is obtained, and whether proceedings are conducted fairly.

With this, the documentary certainly is an interesting insight into the criminal justice process.

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