Joint FAI court process begins for two men who died in custody
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The Crown Office and Procurator Fiscal Service (COPFS) has lodged a first notice with the Sheriff Court to commence the court process for a joint fatal accident inquiry into the deaths of Declan Gallacher and David Berry.
The death of Mr Gallacher occurred while in legal custody within Clydebank Police Office, Clydebank. Mr Berry died while in legal custody within Govan Police Office, Glasgow. The inquiry is mandatory under section 2(4)(a) of the Inquiries into the Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.
A preliminary hearing will be held on 12 May 2023 at Glasgow Sheriff Court.
Procurator fiscal Katrina Parkes, head of COPFS’s Scottish Fatalities Investigation Unit, said: “The Lord Advocate considers that the deaths of Declan Gallacher and David Berry occurred while in custody and as such a Fatal Accident Inquiry is mandatory. The lodging of the First Notice enables FAI proceedings to commence under the direction of the Sheriff.
“An FAI will allow a full public airing of all the evidence at which families and other interested parties will be represented. The evidence will be tested in a public setting and be the subject of judicial determination.
“The families and their legal representatives will continue to be kept informed of significant developments as court proceedings progress.”
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