Deaths of Scots abroad to be investigated

Published on Tuesday 3 November 2009 21:09

FATAL accident inquiries (FAIs) should be able to investigate the circumstances of the deaths of Scots abroad, according to one of Scotland's most senior legal figures.

In a review of the legislation surrounding FAIs published yesterday, Lord Cullen said the Lord Advocate should have the power to investigate deaths of Scottish people outside Scotland if the foreign investigation was inadequate. He also called for a wide-ranging modernisation of the process and an extension of legal aid provision for the relatives of victims.

Speaking at the launch of the review, the retired judge – who oversaw the inquiries into the Dunblane shootings and the Piper Alpha disaster – said he did not believe the recommendations would lead to a great rise in investigations.

"There are quite a lot of things that have to be considered before you get to that stage," he said. "I'm not suggesting for one moment that because a holidaymaker dies, say on a beach in Corfu, there should be an FAI in Scotland simply because he comes back to Scotland. There have to be circumstances justifying an FAI taking place."

The review did not deal with the deaths of Scottish soldiers after a recent agreement that any Scottish servicemen killed abroad would be subject to investigation in Scotland.

Elsewhere in the report, Lord Cullen said legal aid for relatives of the deceased should be extended to encourage participation in the process. FAIs should be treated as a "special case" and relatives should not have to justify the "reasonableness" of their application as they must do at present, he said.

The review, which was initiated by the Scottish Government in June 2008, also said inquiry procedures should be more informal. Amid a general move to modernisation that would see findings posted online, sheriffs and lawyers would be asked to dispense with wigs and gowns and discouraged from hostile questioning of witnesses.

In addition, Lord Cullen said relatives should be kept better informed about FAIs and proceedings should be taken away from courtrooms if possible.

The recommendations were welcomed by Dr Kenneth Faulds, who laid a petition before the Scottish Parliament asking MSPs to consider allowing inquiries to be held into foreign incidents, following the death of his friend Colin Love who drowned on holiday in Venezuela in January.

Dr Faulds, who appeared before MSPs to plead his case, said the recommendations were "fantastic", but he added: "There should be devolved power for local procurators-fiscal to call for investigations.

"And there should be an appropriate and transparent process, whereby people involved have a right to appeal to the Lord Advocate, asking her to conduct a fatal accident inquiry."

The review was also welcomed by the Crown Office and the Scottish Government. Both said they would review the findings carefully.