Cops could have saved Ann from blaze hell boyfriend
Inquiry finds officers failed to share mental health risk concerns with frontline workers
The death of a businesswoman set alight by her ex-partner could have been avoided if police had warned her of the danger he posed, a sheriff has ruled.
Kevin Marks, 52, stood over Ann Drummond, 47, and laughed as she rolled around the ground in a bid to extinguish the flames engulfing her body.
he started the lethal blaze in her car at a road near Bathgate, West lothian, in June 2019.
Medics found more than 80 per cent of mum Ann’s body was injured by burns. they concluded her injuries were so severe that she couldn’t survive. she later died at Glasgow’s Royal infirmary.
Ann had picked up Marks from court after he was released on bail for other offences when he committed the lethal attack.
he was charged with murder but prosecutors later accepted a not guilty plea on the basis his mental health was so poor that he was not responsible for his actions.
A fatal accident inquiry at livingston sheriff Court has found Ann’s death could have been avoided if Police scotland had shared information they had on Marks with the nhs amid concerns for his mental health.
the court heard Marks, who was diagnosed with paranoid schizophrenia after the attack, had previously made a threat against Ann and had a history of domestic offending. sheriff Peter hammond said a “thorough and effective” risk assessment should have been carried out on Marks and Ann warned of the potential danger he posed towards her.
the sheriff also noted the “inadequate” sharing of information by police.
But sheriff hammond made no recommendations after hearing changes to working practices had been made by Police scotland in 2019.
in a written judgment, sheriff hammond said: “i have therefore concluded that the effective sharing of potentially relevant information held by the police, within the police service itself and with nhs staff, about the mental health of Mr Marks might have led to the detection of his psychosis and the taking of protective steps.
“that was a precaution which could reasonably have been taken, which might realistically have resulted in the death of Ms Drummond being avoided.
“Carrying out a thorough risk assessment and warning Ms Drummond of the potential danger posed was a precaution which could reasonably have been taken which might realistically have resulted in the death being avoided.”
The sheriff added: “Of course it is not known what Ms Drummond would have done had she been warned. She may have ignored any warning and continued to meet Mr Marks. Nevertheless, she would have been given the opportunity to consider her safety and be alert to the risks.”
Police said it was fire “unreasonable and unrealistic" for officers to have articulated concerns for Marks’ physical and mental health. They added that passing of information to NHS staff could not have resulted in the death being avoided.
In 2020, judge Simon Collins KC ordered Marks, also known as McFaulds, to be held at the State Hospital in Carstairs, Lanarkshire, without limit of time.
Warning ms Drummond might have avoided her death Sheriff hammond’S ruling at inquiry
Deputy Chief Constable Jane Connors said: “Police scotland fully supported the fatal accident inquiry. the findings reflect our commitment to delivering prevention and early intervention approaches for vulnerable people. We will engage with partners and carefully review the determination.”