Sheriff declares that retired university lecturer took his own life by drowning in summer 2023

About this case:

• Citation:
  [2024] EDIN 40
• Judgment:
  External link
• Court:
  Sheriff Court
• Judge:
  Sheriff Wendy A Sheehan

The three children of AM sought declarator that their father had taken his life at around 7am on 23 June 2023, with no sightings of him having been reported since that date. The defender’s wife and the pursuers’ mother, CR, received intimation of proceedings and while she did not enter the process, she supported the application.

The case was heard by Sheriff Wendy Sheehan, with Elder, solicitor, appearing for the pursuers.

Most probable explanation

The defender was born in Philadelphia and moved to the UK in the early 1970s. He married his wife CR in Edinburgh in 1985 and in the same year was appointed as a senior lecturer in Scottish History at Edinburgh University. Although he retired in 2014, he was appointed an honorary fellow and continued to undertake research at the university, with his work described as his main focus.

During the Covid-19 lockdown imposed in March 2020, the defender was unable to go to the School of History and use the library and research facilities. He found this to be challenging and felt frustrated and isolated. On 16 December 2021 the defender was admitted to hospital having suffered a stroke, and developed a severe skin reaction which prevented him from sleeping. He was noted as having remarked to his wife on one occasion in 2022 that he did not want to wake up again.

The stroke left the defender with significant physical and cognitive deficits, and by the spring of 2023 he repeatedly vocalised his fears of being dependent on his family. At approximately 9:30am on 23 June 2023 the defender’s wife noticed that he was not at home, having retired to bed as normal the previous night. A man matching the defender’s description was spotted a few hours earlier walking on the beach at North Berwick with purpose. His house keys and glasses were found on a rock known locally as “Gary’s Point”, which held emotional significance for the defender and his wife.

Despite extensive appeals and social media posts, the defender had not been seen since 23 June 2023, with his passport, mobile number and bank accounts remaining unused since then. After consulting with a specialist oceanographer, Police Scotland concluded that the most probable explanation was suicide by drowning.

Point of no return

In her decision, Sheriff Sheehan said of the facts and circumstances presented: “The defender was last known to be alive on 22 June 2023 when aged 72 years. He was married and had close and loving relationships with his wife and adult children. He was a man who kept to routines and who did not ordinarily leave the house without telling is wife where he was going.”

She continued: “He would not usually leave the house without his wallet and mobile phone. He did just that early on the morning of 23 June 2023. At around 6.30am he was seen by a member of the public walking purposively on North Berwick beach. His glasses and house keys were deliberately left at a place known to his family and referred to by then as ‘the point of no return’.”

Assessing the defender’s likely mental state in summer 2023, Sheriff Sheehan observed: “The defender suffered poor physical and mental health. He repeated vocalised his fear of further strokes, of his life following the same trajectory as that of his late father and of becoming dependant on others for care. He expressed suicidal ideation to more than one family member. He was withdrawn and preoccupied prior to 23 June 2023.”

The sheriff concluded: “It was determined that had the defender walked into the sea at North Berwick beach on the morning of 23 June 2023, then there was a 92% chance that his body would have been washed out to sea. In all the facts and circumstances of this case, it can safely be concluded on a balance of probabilities that the defender took his own life by drowning at around 7.00am on 23 June 2023.”

Declarator was accordingly granted as craved by the pursuers.