A SUSPECT in the shooting of ice cream man Jim Allison will not face charges after prosecutors ruled there was "insufficient evidence" against him.
David King was named in a report sent to the procurator fiscal seven months ago, but following months of "full and careful examination", the Crown today revealed it will not proceed with the case against the 47-year-old.
It is thought unlikely tha
t the police will launch fresh inquiries into the shooting.
Lothian and Borders Police said they did not wish to comment on the procurator fiscal's decision.
The ice cream man, known as "Flash", was blasted in the stomach shortly after serving children from his van in Strathesk Road, Penicuik, on December 4, 2006.
The gunman fled on foot and was spotted by a number of witnesses up to half a mile away from Strathesk Road at Woodside Drive. Mr Allison, who served 12 years for rape after being convicted in 1970, spent weeks recovering in hospital.
A trawl through hundreds of hours of CCTV footage produced only one image, of poor quality, believed to feature the shooter.
Suspicion fell on Mr King after detectives learned of a long- running feud he had with Mr Allison when they were neighbours in Penicuik.
According to residents, Mr King left his home ten years ago after Mr Allison told the local community about a past criminal conviction. Mr King was convicted of an assault on a 12-year-old girl in November 1996.
Less than two weeks after the shooting, Mr King contacted the News to protest his innocence after being questioned by police officers, claiming they had "smashed up my house" during a search. Shortly after submitting the police case, Detective Inspector Ronnie Millar, who led the inquiry, said: "This was a report into the facts and circumstances, not a charge report. It's a thorough report which includes all the lines of inquiry which have been pursued during the last year."
A Crown Office and Procurator Fiscal Service spokeswoman said: "Following a full and careful examination of the case by the procurator fiscal, there will be no further proceedings at this time. It was concluded that proceedings would not be in the public interest due to an insufficiency of evidence." Mr King has never been charged or appeared in court in relation to the case.
Earlier this year, he left his home with his partner and two children in Drumbrae Grove, Clermiston, after a campaign by neighbours with whom he allegedly had a series of run-ins.
Another theory which detectives probed concerned a feud that arose between Mr Allison and a local family after an assault against his son the month before the shooting.
Mr Allison and Mr King could not be reached for comment.
The full article contains 470 words and appears in Edinburgh Evening News newspaper.
