COPS FINED £100K FOR LAMARA DEATH
Family of M9 crash victim who lay in car for 3 days blast ‘intolerable’ six-year wait for justice over fatal blunders
POLICE Scotland has been fined £100,000 for serious failings that led to the death of a car crash victim who lay in the wreck for three days.
The mum of tragic Lamara Bell, 25, said: “It’s taken a long time but, finally, we have justice.”
THE family of M9 crash victim Lamara Bell yesterday blasted police over the length of time it took to admit being at fault over her death.
James McMillan, grandad to tragic Lamara’s son Kieran, 11, told how the boy has suffered “intense grief ” since her death.
And her mum Diana Bell said waiting six years for answers over how officers failed to respond to a 101 call had made “everything worse”.
Police Scotland was fined £100,000 after admitting it “materially contributed” to the death of 25-year-old Lamara, who lay undiscovered in a crashed car.
She suffered terrible injuries and remained in the passenger seat next to her dead partner for three days after the incident was reported.
The force yesterday pleaded guilty to health and safety failings following the deaths of Lamara and John Yuill, 28, whose car went off the M9 near Stirling in July 2015.
James said: “This has been an extremely long and stressful six years from the time of the accident to today’s hearing. The wait we have had to endure to get to this point has been intolerable. “I have witnessed the intense grief my grandson has gone through over the loss of his mother and the horrific circumstances of her death. “I will never forgive (former chief constable) Stephen House for this. The right decision has been taken by Police Scotland today. “I hope Kieran will now receive the support he undoubtedly needs.” House quit his role in charge of the force after a public outcry over the deaths.
Diane, in a statement through Digby Brown Solicitors, said: “The absence of answers and recognition has been the biggest strain because it is the not knowing that makes everything worse.
“It has taken a long time for this conviction to be secured but it is a huge relief that Police Scotland has finally admitted being at fault for Lamara’s death.
“I’d like to thank everyone who has supported us since 2015.
“Our family and friends, the local community, our legal team and also the media whose spotlight helped make sure the failures that led to Lamara’s death could not be swept under the rug.
“But the important thing now is that today we have the conviction. Finally, we can say Lamara has justice.”
Judge Lord Beckett issued the fine at the High Court in Edinburgh. He said Lamara endured “almost imaginable suffering”. Lord Beckett said there had been “public outrage and condemnation” about the “fundamental failure” shown by police.
A failure to log a 101 call was down to “human error”, Lord Beckett added, but large organisations needed to be “ever vigilant” to guard against such mistakes. He said no sentence could reflect the “inestimable value of life lost and harm caused”.
But although a private company would likely face a fine running into the millions, he said, Police Scotland is funded by taxpayers.
Earlier, the court heard how a sergeant took a call reporting the couple’s car being off the road but failed to enter details into the electronic system.
When police arrived at the scene, John was found to be dead and Lamara died four days later in hospital.
The court was told the failure to create an incident report happened against a chaotic backdrop of various police call centres being amalgamated from eight legacy forces.
Recruitment problems plagued the Bilston Glen centre in Midlothian, which was taking on extra work from closed facilities in Stirling and Glenrothes.
Advocate depute Ashley Edwards QC told the hearing
senior officers were drafted in because of shortfalls at Bilston Glen prior to the M9 accident.
One officer took the call from motorist John Wilson, who spotted the Renault Clio which had careered down an embankment into trees.
The court heard John saw the car at about 10.15am on July 5, 2015, and made the 101 call to police at 11.28am.
Ms Edwards said the call handler asked if anyone was with the vehicle and was told “no”.
Amid a search for Lamara and John, a second motorist spotted the car on July 8 and alerted police.
Lamara was found in the car, saying “help me” and “get me out”. She died in hospital on July 12.
Murdo MacLeod QC, acting for Police Scotland, said the handler had written notes about the first report but didn’t enter details in the computer system.
Chief Constable Iain Livingstone was in court for the hearing. In a letter written by him to Lord Beckett, which was read out in court, Livingstone said Police Scotland had “failed” Lamara and John in its duty to protect the public.
At the hearing, the office of the Chief Constable of Police Scotland admitted that it failed to ensure that people, including Lamara and John, were not exposed to health and safety risks caused by failing to provide an “adequate and reliable call-handling system” between April 1, 2013, and March 1, 2016.
It also failed to ensure the system was “not vulnerable to unacceptable risks arising from human error” and to ensure that all relevant information reported by the public was recorded on an IT system.
The force admitted that as a result, a police officer failed to record a phone call reporting that a vehicle was at the bottom of an embankment at the side of the eastbound junction nine slip road from the M80 on to the M9.
Police Scotland admitted Lamara and John remained “unaided and exposed to the elements” in the car between July 5 and 8, 2015, and that the failings “materially contributed” to her death at the Queen Elizabeth University Hospital in Glasgow.
The force pleaded guilty to breaching the Health and Safety at Work Act 1974.
Work has started on a fatal accident inquiry into the tragedy.
Lord Advocate Dorothy Bain, QC, said: “Nothing can remove the harm and sorrow suffered as a result of this tragic incident.
“But today’s outcome should give the people of Scotland confidence in the accountability placed upon its public authorities.”
Chief Constable Livingstone said: “Lamara Bell and John Yuill’s deaths were a tragedy and my thoughts today are with their children, families and friends. “Police Scotland failed Lamara and John in that duty and for that I am sorry. “On behalf of policing in Scotland, I apologise unreservedly to their families. “And if the families agree to do so, I would welcome the opportunity to meet with them, when they are ready, to personally convey my apology.”