The Scotsman

Deaths of three fans at rally ‘avoidable’

● Sheriff slams ‘weak’ and ‘inadequate’ safety checks at fatal event in the Borders

- By HILARY DUNCANSON

The deaths of three motorsport fans at a rally in the Scottish Borders might have been avoided, a sheriff has ruled as he found safety checks at the event were “weak” and “inadequate”.

Sheriff Kenneth Maciver QC made the statements following the accident at the Jim Clark Rally near Coldstream in 2014.

Photograph­er Iain Provan, 64, his 63-year-old partner Elizabeth Allan, known as Betty, and Len Stern, 71, died after a car lost control and left the road at the rally in May that year.

A joint inquiry at Edinburgh Sheriff Court earlier this year examined the circumstan­ces surroundin­g their deaths and that of spectator Joy Robson, 51, at the Snowman Rally near Inverness the previous year.

Delivering his written findings, Sheriff Maciver found there were “no reasonable precaution­s” by which Mrs Robson’s death could have been avoided.

But he ruled that the deaths at the Jim Clark rally might have been avoided if people had been prohibited from standing in the area where the crash happened, north of the Leet Bridge.

Looking at any relevant “defects” in the systems of working, he wrote: “In respect of the Jim Clark Rally 2014, I find that there was a weak, ambiguous, and ultimately inadequate verificati­on system for checking the proper performanc­e of the work of stage commanders or stage setup crews in delineatin­g and clearly identifyin­g areas which, for safety reasons, were prohibited for spectators.”

He made no findings in this section in relation to the Snowman rally.

Sheiff Maciver found that all four people died after sustaining multiple injuries in the collisions with cars which lost control involuntar­ily.

He has issued 12 recommenda­tions for rally organisers and other authoritie­s and issued a further 11 matters for considerat­ion after hearing evidence over many days this summer.

The joint probe was set up to look at the full circumstan­ces surroundin­g the deaths and help avoid such incidents happening again in the future.

In his written judgment issued yesterday, the sheriff said: “In the case of the Highland Car Club Snowman Rally 2013, there are no reasonable precaution­s which I can identify whereby Mrs Robson’s death or the accident causing her death might have been avoided.

“In the case of the Jim Clark Rally 2014, I identify the following reasonable precaution: ‘For the designated prohibited area north of the Leet Bridge to have been created, delineated and identified in accordance with the 2014 Jim Clark Rally setup plan so that it clearly prohibited spectators or photograph­ers from standing anywhere in that area’.”

He recommende­d that all rallies should have clear and properly prepared plans for setting up areas off-limits to spectators. Such plans should be given to marshals and the crews of all safety cars.

In addition, at least one safety car should be tasked with ensuring that the banned areas are properly marked out.

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