Prosecution ruled out over wall collapse that killed schoolgirl

ALEX WALKER

yesterday, Mr Stimpson said any prosecution could not proceed because health and safety regulations concern employees rather than pupils.

Garry Stimpson, principal inspector of the HSE north of the Border, said there had been “considerable discussion” between him and the Crown Office regarding the “freak accident”.

He revealed the weight of the wall that fell on Keane was 1.9 tonnes.

He said the decision not to take criminal proceedings against any single individual was taken by the Crown Office.

Mr Stimpson added that it had been “one of the most difficult cases I have ever dealt with”.

Asked why the regulations did not apply to non-employees, Mr Stimpson said it had been decided by Parliament.

Mr Stimpson said that following Keane’s death the HSE had been keen to ensure free-standing masonry walls, such as the one that fell on Keane, were checked and an alert was put out to councils across the UK. He insisted Edinburgh City Council “had done everything possible to comply with regulations”.

The hearing was told that walls in the old PE department at Liberton had been there since the school opened in the 1950s.

Mr Stimpson said an examination of the collapsed wall showed tiles at its base had been removed by some person or persons at “some time in its history”.

However he added a visual check in 2012 and 2013 showed no cause for concern.

The hearing at Edinburgh Sheriff Court was adjourned until today.