Legal f irst as police face prosecution on M9 deaths
SCOTLAND’S police force faces unprecedented legal action over the M9 tragedy in which a woman was left dying by the motorway for three days.
Lamara Bell, 25, and her partner John Yuill, 28, died in the crash near Stirling in 2015, sparking a major row over alleged call-handling failures.
Mr Yuill died in the initial accident but a call from a member of the public who reported the wreckage to police using the 101 non-emergency number was not properly logged, leading to a three-day delay in finding Miss Bell, who died four days later.
In its initial findings on the tragedy in 2017, Her Majesty’s Inspectorate of Constabulary in Scotland (HMICS) condemned ‘inadequate’ supervision of the call-handling system.
The Crown Office has been examining a report on the M9 scandal by watchdog the Police Investigations and Review Commissioner since June 2016.
Lord Advocate James Wolffe, QC, i s understood to have notified Chief Constable Iain Livingstone – who was not in charge of Police Scotland at the time – that legal proceedings have commenced.
The exact grounds are not known but it has been reported previously that the likeliest outcome is a prosecution over alleged health and safety breaches.
A spokesman for the Crown Office and Procurator Fiscal Service said: ‘The case team and staff from our Victim Information and Advice service have communicated with f amily members and their legal representatives throughout, and will continue to keep them informed of significant developments.
‘In order to protect potential proceedings, the Crown will not comment further at this stage.’ Mr Livingstone said: ‘Lamara Bell and John Yuill’s deaths were a tragedy and my thoughts and condolences are with their families and loved ones. Police Scotland has assisted the Crown Office throughout their inquiries and will continue to engage in due process.’
In a statement released by solicitors Digby Brown, Miss Bell’s family said: ‘We will not comment on any new or ongoing proceedings.’
The M9 case prompted the resignation of then chief constable Sir Stephen House, who announced his departure in August 2015. He is now Deputy Commissioner of the Metropolitan Police in London.
Last night, Scottish Lib Dem leader Willie Rennie said: ‘The deaths of Lamara and John were tragic and traumatic. It still upsets me they were left by the side of the motorway for three days without help.’
In 2017, HMICS found police had been drafted in from frontline duties to replace axed civilian staff. Computer systems were upgraded but staff were using notepads to record details of some calls when the HMICS probe took place.
Mr Yuill’s f ather Gordon declined to comment.
The force also faces a public inquiry next year into the death in custody of Sheku Bayoh. Mr Bayoh died in May 2015 after being arrested and held in Kirkcaldy, Fife.
The 31-year-old’s family claim race played a part in his death. Their lawyer Aamer Anwar said the investigation came at ‘great personal cost’ to his relatives and accused officials of ‘childlike denial’ regarding racism.
Earlier this year, Mr Livingstone said the Bayoh inquiry ‘takes us into uncharted territory’, and conceded the impact on policing and public confidence was ‘significant’.