FAI ‘will not apportion blame’

A Fatal Accident Inquiry (FAI) is a court hearing which publicly inquires into the circumstances of a death or deaths in Scotland.

In this case it is being presided over by Sheriff Principal Craig Turnbull and is taking place in a specially organised temporary court at Hampden Park, Glasgow.

Unlike a criminal trial or a civil case, the purpose of the FAI is to determine the cause of the death(s), to establish if the death(s) could have been prevented and to enable the presiding sheriff to make any recommendations he considers appropriate.

The process is inquisitorial and not adversarial. It is not the purpose of an FAI to apportion blame or find someone responsible.

The Crown has responsibility for calling witnesses and leading evidence at an FAI, although, as in this case other participants may also be represented and question witnesses.

There is provision under the FAI legislation for other participants also to lead evidence.

The FAI will explore deaths that fall into two categories. As the deaths of the pilot of the helicopter, David Traill, and the two Police Scotland air observers, Tony Collins and Kirsty Nelis, resulted from an accident in the course of their employment the inquiry is mandatory.

The Lord Advocate also has discretion to apply to hold a FAI when he decides that the circumstances in which a death has occurred give rise to serious public concern and that it is in the public interest to do so, as has happened in this case in relation to the seven customers within the Clutha who were killed.

There are more than 1,400 numbered Crown productions, which have been carefully assessed.

The inquiry will not sit every day and is expected to hear about three months’ worth of evidence between now and August.

The first four weeks will involve eyewitnesses and representatives of the Air Accident Investigations Branch and Airbus.