Sheriff withdraws from heavily delayed trial

The trial of a company blamed for the death of a six-year-old boy, which has still not commenced five years after his death, will be delayed even further after the presiding sheriff withdrew, citing connections to the company directors.

Aidan Yule, or Sands, from Dundee, was found unconscious at the bottom of a pool in the Red Lion Caravan Park in Arbroath in June 2011. His body was removed from the water but he died in hospital four days later.

The case is said to be raised “as a matter of urgency”, being expected to call again in July at Forfar Sheriff Court.

The park operator, Loch Earn Caravan Parks Ltd, is accused of a number of health and safety breaches in a four year period leading up to the accident.

Sheriff Pino di Emidio, who has withdrawn, said: “It is a matter of regret that it seems to be not appropriate for me to deal with the matter because not that long ago I was a close colleague to someone who was connected to one of the directors of the company.

“I am very sorry that it didn’t come to light until today.

“The name of a limited company gave no indication that it was someone that I knew.

“It seems to me best that someone else deals with it and I would express my condolences to the family over what happened in this case.”

Kevin Yule, Aidan’s father, said it was “ridiculous” that the trial had yet to start five years after his son’s death.

He said: “I just want it all over and done with. They should have known this in the court.”

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