NO ANSWERS NO JUSTICE ..NO PEACE
Mum’s anguish as council slated for blunders that led to Ciaran being crushed to death by gravestone
THE heartbroken mum of a boy who was killed by a falling gravestone has said she will never find peace.
Stephanie Griffin’s search for answers and justice continues after a fatal accident inquiry found that eight-yearold Ciaran Williamson’s death could have been avoided if a council had taken safety precautions.
She said: “Every day
we are crippled with the agony of losing Ciaran but this conclusion has not brought peace, answers or even a sense of justice.”
Stephanie called for the law to be changed to help grieving families get justice after Sheriff Linda Ruxton ruled that Glasgow City Council were guilty of a number of serious health and safety failings.
Ciaran died while playing with friends at Craigton Cemetery in Cardonald, Glasgow, in May 2015.
Speaking after the FAI’s findings were published yesterday, Stephanie said: “Our suffering has been made worse as we’ve been dragged through a process that could have been shortened had Glasgow City Council not refused to concede to obvious failings.
“Instead, they threw thousands of public money at a QC and advocate who specialise in criminal cases – this defensive approach shows they set out from day one to divert blame and muddy the waters.
“This FAI found major gaps in council processes, which tell us they have been either defiant or negligent.”
Ciaran suffered two skull fractures and injuries to his heart and liver when a large gravestone, known as the Ross memorial, fell and crushed him. The 7ft memorial stone, which was erected in the early 1920s, weighed almost 2.5 tons.
Ciaran, who had been playing on the memorial with friends, was killed instantly and would have felt no pain, the inquiry heard.
Sheriff Ruxton ruled that a routine inspection of the Ross memorial could have prevented his death.
She also found that repairing a hole in the cemetery wall, where Ciaran and his friends gained entry to the site, was a
reasonable precaution which could also have prevented his death.
The sheriff recommended that safety guidance on memorials in cemeteries should be drawn up by the Scottish Government for use by local authorities..
Stephanie, 27, said: “While we understand FAIs don’t blame or punish and only give recommendations, there’s no rule to say the council are legally bound to act on them – and who checks to see if they do?
“The Crown refused to prosecute the council before the facts were fully investigated – yet today, when the court do find faults, the council still escape prosecution. It makes FAIs toothless to the point of being meaningless.
“The laws around FAIs should be changed so those responsible are properly held accountable and families can access the justice they need and deserve.”
Investigations from Digby Brown Solicitors, who represented Stephanie and most of Ciaran’s family during the four-week hearing at Glasgow Sheriff Court, showed the Ross memorial was leaning so precariously that one expert suggested a “gust of wind” could have toppled it.
Further evidence showed the council did not inspect the area where Ciaran died, even though they knew of a previous child who was seriously injured there in very similar circumstances.
Other evidence showed a lack of cemetery inspections and a request by the council’s head of bereavement services for resources to deal with a known problem of falling memorials.
Sheriff Ruxton said: “The absence of an active system of inspection to ensure the safety and stability of memorials in Glasgow cemeteries and, in particular, in Craigton Cemetery, was a defect in Glasgow City Council’s system of working which contributed to Ciaran’s death and the accident resulting in his death.”
Mark Gibson, partner at Digby Brown, said: “It was clear from the evidence that this substantial memorial ought to have been a priority, given that it was leaning precariously and given its position close to the site of a previous similar accident, a public thoroughfare, a local primary school and the homes of many local children.
“Importantly, Sheriff Ruxton found the children were simply playing and there was no suggestion of a deliberate attempt by any of the boys to push over or destabilise the memorial.”
Councillor Anna Richardson, Glasgow City Council’s convener for land services, said: “I accept the sheriff ’s findings. We are sorry and our thoughts remain with Ciaran’s family and friends.
“It is clear that the sheriff expects national guidelines and advice to be put in place for all cemeteries and, in particular, for dealing with larger and often older memorials. The council will adopt those guidelines once they are available.
“We welcome the sheriff’s very clear statement that no cemetery is a safe place for play.”
The Scottish Government said they’d consider the recommendations carefully.
A spokesman added: “The Burial and Cremation (Scotland) Act 2016 enables Scottish ministers to make regulations which will ensure the safety of headstones. In addition, ministers will appoint inspectors to oversee the operation of burial authorities, including burial grounds.
“These important measures will ensure that burial ground safety is given appropriate priority.
“The conduct of FAIs and any decisions on prosecution are a matter for the Lord Advocate acting independently.”