Family of boy who died in cemetery tragedy denied legal aid

Ciaran Williamson, 8, died after a gravestone fell on him at Glasgow’s Craigton Cemetery, where he had been playing with friends.

But the refusal to grant the family legal aid has left their solicitors surprised.

Cameron Fyfe of Drummond Miller, who represents Ciaran’s father, Ryan and grandmother Margaret, said: “For a situation as important, emotional, and tragic as this, I am astonished that legal aid has been refused.

“For an FAI legal aid is usually granted, in my experience.

“Sometimes the legal aid board will say the procurator fiscal is there so they can advise the clients and keep them right.

“Our response to that is that we’re coming at it from a different angle.

“We are looking at who is to blame, and could pursue for compensation, which isn’t the fiscal’s concern.

“For that reason alone, legal aid should be granted and it normally is.

“As things stand just now, they will have to represent themselves, which is really unfair in something as emotional and important as this.

“The family are relying on the fiscal to cover all the ground.

“I’m sure they will do a competent job but they are looking at what can be done in the future to stop this happening again.

“We are looking for who is to blame in this situation.”

Ciaran’s mother, Stephanie Griffin, has also applied for legal aid. Her solicitor, Mark Gibson, of Digby Brown, said he expected a decision in the coming weeks.

He said: “It is of vital importance that the families are represented at the inquiry.

“For example, it was clear from the preliminary hearing that the procurator fiscal is not prepared to instruct skilled engineer’s evidence and evidence from industry experts to look into the condition of the memorial supports, the likely forces applied by the boys, whether there was a reasonable system of inspection and topple testing that ought to have been followed and whether such a system might have prevented the accident.

“These matters are not within judicial knowledge and it is unclear how the Sheriff can be expected to reach a comprehensive determination without the assistance of such witnesses and reports.”

A Scottish Legal Aid Board spokesman said legal aid had not been granted because there was no indication the solicitors would be looking for anything different than the procurator fiscal.

He said: “We considered this case at great length and appreciate this is a difficult time for the relatives.

“Any legal aid application for separate legal representation at an FAI must show why the Procurator Fiscal would be unable to obtain all the relevant evidence about the circumstances of the death.”

The full inquiry is due to begin in November.