By Lucinda Cameron
Copyright dailyrecord
A fatal accident inquiry is to be held into the deaths of six men who fell from height while working at farms around Scotland. The Crown Office said it is hoped the inquiry will raise awareness about safe practices when working at height. It has lodged a first notice with the sheriff court to begin the court process for a fatal accident inquiry (FAI) into the deaths of Alan Brisbane, 60, Charles Emslie, 71, Colin Gibson, 62, Dale Pattinson, 36, Hugh MacPhail, 75, and James Smith, 74. The FAI will examine the circumstances of the deaths and will also consider evidence on safety when working at height and awareness of and adherence to Health and Safety Executive guidance for working at height. Procurator fiscal Andy Shanks, who leads on fatalities investigations at the Crown Office and Procurator Fiscal Service, said: “The deaths of Alan Brisbane, Charles Emslie, Colin Gibson, Dale Pattinson, Hugh MacPhail and James Smith occurred while in the course of their employment and as such a fatal accident inquiry is mandatory. “Their tragic deaths are a sad reminder of the danger of working at height. It is my hope that this FAI will raise awareness on safe practices when working at height. “The lodging of the first notice enables FAI proceedings to commence under the direction of the sheriff. “The families will continue to be kept informed of significant developments as court proceedings progress.” Mr Emslie owned Law Farm in Aberdeenshire and died on September 7 2024 after falling through a grain store skylight. Mr Smith owned and ran Bowhouse Farm in Stewarton, East Ayrshire, and died on August 22, 2024 after falling through a cowshed roof. Mr Brisbane, who owned and ran A and K Farming in Stirling, died on September 18, 2023 after falling while working alone in a barn on September 15 that year. Mr Pattinson, sole director of DWP Roofing and Cladding Ltd, died on August 26, 2023 after falling through a cattle shed skylight on Bassendean Farm in the Scottish Borders the previous day. Mr MacPhail owned and ran Callachally Farm on the Isle of Mull and died on July 6, 2023 after falling through the roof of a sheep shed he was repairing. Mr Gibson was self-employed and worked in property maintenance. He died on April 12, 2022 after a fall through the roof of a cowshed he was repairing on October 7 2020 at Littlehill of Knaven Farm in Peterhead, Aberdeenshire. Unlike criminal proceedings, FAIs are inquisitorial in nature, and are used to establish facts rather than apportion blame. The purpose of an FAI includes determining the cause of death, the circumstances in which the death occurred, and establishing what reasonable precautions could have been taken to minimise the risk of future deaths in similar circumstances. A preliminary hearing will be held on November 19 at Falkirk Sheriff Court.
