Unresolved FAI into 2014 death could fall foul of ECHR
The investigation into the death of an Aberdeen man in police custody almost a decade ago has become Scotland’s lengthiest ongoing fatal accident inquiry (FAI), The Press and Journal reports.
On June 29 2014, Warren Fenty, 20, suffered a drug overdose and died while in Kittybrewster jail. Sheriff Morag McLaughlin’s determination, however, remains unpublished. The inquiry, which concluded its hearings last May, heard claims of multiple oversights by NHS Grampian and Police Scotland.
Since the conclusion, the Scottish Courts and Tribunals Service (SCTS) has failed to meet its own publication deadlines twice. The Scottish Centre for Crime and Justice Research (SCCJR) labelled the unprecedented delay as “an absolutely horrific situation” for the grieving Fenty family and said it was “deeply unjust”.
Professor Sarah Armstrong of the SCCJR, and a criminologist at Glasgow University, commented: “While this may be a complex case, being forced to wait more than nine years for a sheriff’s determination feels deeply unjust.”
She also questioned the efficiency and sensitivity of the system, saying: “If you wanted to design a system that was engineered to cause maximum distress to bereaved families, was lengthy, complicated, expensive and lacked transparency then it would look a lot like the Scottish fatal accident inquiry process.”
Professor Armstrong also warned of potential legal repercussions. She said: “Article 2 of the European Convention of Human Rights, incorporated as Scottish law, gives people the right to an adequate and prompt investigation of a death in custody. The fact that Warren’s family is still waiting for answers raises questions about Scotland’s compliance with its own laws and its commitment to protecting the rights of its people.”
Around two years ago, the Fenty case was third among the longest unresolved FAIs in Scotland. Now, with the determinations in those cases having been published, Mr Fenty’s case, at 3,325 days after his death, is Scotland’s longest running FAI.
The Crown Office and Procurator Fiscal Service’s (COPFS) website states: “It might take a few days or a few months for the determination to be published.”
Professor Armstrong added: “After multiple reviews and criticisms by independent experts and inspectorates, it is not clear that this is a system that can be fixed.”
Mr Fenty’s mother, Sharon, said of the SCTS: “I’m thinking they don’t care and they’re hoping that I’ll just forget but that isn’t going to happen.”
Her solicitor, John Adam from Gray & Gray LLP, said he had “heard nothing at all”.