THE family of Lucy Marshall, the Cowdenbeath pensioner murdered in 1997 by David Millar, believe that it would be wrong for him to return to the town.

And they were shocked to learn that under plea bargaining a charge of sexual assault had been deleted.

The Crown Office letter to the family, under a Freedom of Information Act question said: “David Millar was reported to the procurator fiscal at Dunfermline for the murder of Mrs Marshall. The case was reported to Crown Office.

“Mr Millar was indicted to the High Court on a charge of assaulting, raping and murdering Mrs Marshall and a charge of assaulting a care worker who discovered the crime.

“Counsel for Mr Millar indicated he was willing to plead guilty to assaulting and murdering Mrs Marshall, but that he would not plead guilty to rape.

“The advocate depute dealing with this case considered that this plea ought to be accepted. He wrote to the Lord Advocate for instruction.

“The Lord Advocate approved the acceptance of the plea, based in part on concerns as to the sufficiency of evidence for rape.”

The letter said Millar pled guilty on June 17, 1997 to the murder, with the rape charge deleted. The Crown accepted his plea.

Graeme Ward said: “The fact he didn’t get convicted for it doesn’t mean he didn’t do it.

“We just hope the parole board don’t let him ever set foot in Cowdenbeath again.

"It’s a small town and it would be impossible not to bump into him."

Velma added: “I’m angry because my mother never got the justice that she deserved.

“I’m really not happy about Millar maybe getting released but I know they won’t keep him in forever. He was a kid, but old enough to know right from wrong.”