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   Web Issue 3145 May 12 2008   
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Fatal accident inquiries probe welcomed by campaigners
DAVID LEASKMarch 08 2008

Scotland's system of fatal accident inquiries is heading for its first overhaul in three decades.

Justice Minister Kenny MacAskill yesterday announced a review of the hearings, delighting campaigners who have fought for years for them to be beefed up.

Mr MacAskill appointed one of the country's most respected legal minds, Lord Cullen, to look at ways of making the rarely held inquiries "fit for purpose". The retired Lord Justice General, who led investigations into the Dunblane shootings and Piper Alpha, is expected to take around a year to do so.

The minister said: "Although we believe the system has served Scotland well in the main, concerns have been raised in recent years.

"The Scottish Government has listened to these concerns and that is why we want to see a more fundamental examination of the fatal accident inquiry system."

Campaigners - led by MSPs and the Enable Scotland, a charity which supports disabled people in the community - have long argued that FAIs can take too long to organise and that any recommendations they generate are not binding.

At present all sudden, accidental, unexpected or unexplained deaths are investigated by procurators-fiscal, but only a small number, around 60 a year, are scrutinised in detail by a sheriff in an FAI.

Enable raised concerns over FAIs after it discovered recommendations on the care of disabled people in hospital were not followed after a hearing into the death of one of its clients.

The charity's chief executive, Norman Dunning, last night said: "We are absolutely delighted that the Scottish Government has decided to review the FAI system. As it stands, the system neither supports bereaved families, nor benefits the public good.

"The findings of FAIs are often not properly enforced because of a lack of central monitoring. The current system means that inquiries can go on for many years, which is distressing for families.

"We hope that the review will lead to a system where bereaved families genuinely feel that lessons are learned and acted upon in a transparent way."

The review is also expected to look at whether FAIs should be held in the deaths of Scots abroad. Several MPs and MSPs have raised concerns the deaths of Scottish servicemen killed in Iraq and Afghanistan are investigated by overworked coroners in the south of England.

Angus Robertson, the SNP's Westminster-based defence spokesman, argued the deaths of 14 personnel from RAF Kinloss in a Nimrod crash in Kandahar, Afghanistan, showed the need for reforms.

Mr Robertson said: "My own concerns stem particularly from the delays in inquiries into service personnel fatalities, of up to five years."

Armed Forces Minister Bob Ainsworth last night appeared sympathetic. He said: "The current system of FAIs in Scotland is preventing us from providing families with what they want: timely inquiries held near where they live."


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Posted by: subrosa on 1:44am Sat 8 Mar 08
Lord Cullen? Ah Kenny, thought you could do better than that.
Posted by: Fiona Sinclair, Ayrshire on 10:45am Sat 8 Mar 08
Enable raised concerns over FAIs after it discovered recommendations on the care of disabled people in hospital were not followed after a hearing into the death of one of its clients.


I commend Enable for pursuing this. The problem is that the perception of `decision makers` is that disabled people are charity cases. Perhaps when the elected decision makers - i.e. the politicians begin to realise the sheer numbers of voters who are either disabled or who are close family members of disabled people, they'll begin to change their ways - but I think it's going to take a much tougher stance against the abuses that the system currently encourages - and I sincerely doubt whether charities are able to do this, given the restrictions placed on them as regards political activity.

I agree with subrosa - why oh why did he choose Lord Cullen - the man who put in place the 100 year restriction on some of the Dunblane papers?!
Posted by: Guje, Sweden on 1:06pm Sat 8 Mar 08
Looking forward to an FAI into my daughter Annie Borjesson's mysterious death in Prestwick, Scotland Dec 2005.

Annie was found drowned on the shore close to the airport in Prestwick from where she always travelled back to Sweden. Annie was carrying her passport and two librarybooks to return to a Swedish library and also had an appointment with her hairdresser in Sweden the following day.

When found Annie did not have her jacket on even though it was December. The jacket and her bag where also found on the same spot as her body even though they all have different weights and densities. At this place the sea is that shallow you would have to walk for several hundreds yards to get into water deep enough to be able to drown your self.

When we got Annie's body back home we could see several bruisings, some of them not even mentoned in the post mortem report, among those 2 square bruisings, wich you obviously do not get at sea. The days before Annie died she also called home and it then got obvious to our family that Annie was under a threat.

In spite of all these circumstances the Police and Crown Office have been investigating my daughter's death as a suicide, and 2006 the investigation was closed down. It is now kept secret in accordance to the law Freedom of Information since my daughters death is not concidered to be in the public interest! Well, I think it is, and it certainly is in mine! I of course have asked for an FAI into my dauhgter´s death but this has been rejected.

Looking forward to further instructions from The Scottish Crown Office of how to get an urgent FAI into my beloved daughter´s suspicious death!

Guje, Annie Borjessons mother.
www.annierockstar.co
m info@annierockstar.c
om
Posted by: M. Thomas, Edinburgh on 3:15pm Sat 8 Mar 08
The procrastination and intransigence shown by the Scottish Crown Office in refusing Mrs Borgesson and her family an FAI into her beloved daughter's very suspicious death in early December 2005, brings shame upon all those law officers and "decision makers" at the Scottish Crown Office who have been involved in this case over the past 27 MONTHS.

I would urge Messrs MacAskill and Salmond to now personally intervene and give this grieving Swedish family the FAI the case now deserves. Judging by the amount of visitors to their website over the past year or so, there certainly appears to be a lot of "public interest" in this case and it should be thoroughly, impartially and independently investigated (start to finish, event by event) once and for all.

If they do not, then they will continue to bring shame to the powerful offices they now hold (and to the people of Scotland) in the eyes of Swedish nationals and the wider world.

I hope they will now do the right, fair, proper and just thing for Mrs Borgesson, her family and close friends.

The Herald, Tuesday 4 December 2007

Call for inquiry into daughter’s death

http://www.theherald
.co.uk/news/news/dis
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