Inquiry closes care home fire case

Published on Thursday 21 May 2009 22:22

THE prospect of any convictions in the wake of a care-home fire that claimed 14 lives vanished yesterday when the Solicitor General announced there would be a fatal accident inquiry.

Frank Mulholland said the inquiry would seek to ensure that those who lost loved ones in the Rosepark fire in Uddingston, Lanarkshire, in January 2004 could "know the full circumstances of the tragic incident" as soon as possible.

The move came after charges against the owners of Rosepark were dismissed earlier this week. Mr Mulholland yesterday said the Crown Office would not appeal Lord Matthews' ruling that the care home's owners could not be charged with health and safety breaches.

Thomas Balmer, his wife Anne and their son Alan had faced 17 charges relating to health and safety at work and fire precautions regulations breaches at the home.

Mr Mulholland said: "We have endeavoured to bring to criminal trial any organisation or individual against whom we considered there was sufficient evidence to prosecute in respect of this tragic incident.

"The decision not to appeal Lord Matthews' decision and to proceed now with a fatal accident inquiry has been taken after careful consideration as to what is in the public interest.

"In particular, we have considered the stress and frustration caused to those who lost loved ones, by an ongoing legal process."

The Balmers had previously been accused of safety breaches at the home, but a judge dismissed the charges over a legal technicality in 2007.

Prosecutors launched a legal challenge but in July 2008 the Appeal Court rejected it. A fresh indictment was then served on the Balmers last September.

News of the inquiry was broken to MSPs by First Minister Alex Salmond as he faced a grilling by local Labour MSP Michael McMahon about the collapse of the criminal case.

Mr McMahon had earlier told the First Minister the victims' families had been waiting five years for "answers and justice".

He blamed the Crown Office for serving the original charges on the company that owned the home at the time, rather than the directors who subsequently set up a new company to run it.

Joseph Milne, 61, whose mother Helen, 82, died in the fire, said: "Everything that has been tried so far hasn't worked and it's damnable. To take these people and get something done with them seems near impossible under these laws."

Mr Balmer, speaking on behalf of his wife and son, said:

"At long last, we may be able to establish the reasons for this tragedy."