Crown Office and Procurator Fiscal Service

21 May 2009

Fatal Accident Inquiry into Rosepark Deaths announced

A Fatal Accident Inquiry is to be held to look into the circumstances of the deaths of 14 residents of Rosepark Care Home, the Solicitor General, Frank Mulholland QC, announced today.

The FAI will seek to ensure that those who lost loved ones in the fire in Uddingston in January 2004 can know the full circumstances of this tragic incident as soon as possible.

The announcement of the FAI follows the Crown's decision not to appeal the judgment of Lord Matthews on 19 May 2009, which dismissed charges against Thomas, Anne and Alan Balmer, the surviving partners of Rosepark. That prosecution is now at an end.

Lord Matthews' decision was made on the basis that the law does not allow for the prosecution of a dissolved partnership. This area of the law is reserved and therefore the responsibility of the Westminster Parliament. It is understood that Scottish and UK Government officials will now work together to consider how legislation can address this issue.

The Solicitor General said:

"Throughout the history of this case, we have endeavoured to bring to criminal trial any organisation or individual against whom we considered there was sufficient evidence to prosecute in respect of this tragic incident.

"As Lord Matthews indicated in his judgment, it was right that we sought to do this.

"The decision not to appeal Lord Matthews' decision and to proceed now with a Fatal Accident Inquiry has been taken after careful consideration as to what is in the public interest. In particular, we have considered the stress and frustration caused to those who lost loved ones by an ongoing legal process which, so far, has been unable to provide them with any answers as to what happened.

"It is clear that difficulties would still require to be overcome in any appeals process and that it would take a significant length of time to complete. Given that it is now more than five years since the fire, and that an appeal would be likely to take a further 12 months to complete, Crown Counsel have decided that the public interest would be best served by ending the prosecution and moving forward to a Fatal Accident Inquiry as soon as possible.

"In addition, in order that the Fatal Accident Inquiry can proceed as quickly as possible and to prevent any potential complications in presenting evidence to the Inquiry, it has been decided that the prosecution of Croftbank House Limited for offences not directly related to the fire will not proceed further and will be brought to an end now."

Arrangements for the holding of a Fatal Accident Inquiry will be announced shortly.

Notes to Editors

1. On 31 January 2004 at Rosepark Care Home, otherwise known as Rosepark Nursing Home, in Uddingston a fire resulted in the deaths of 14 residents, injury to four others and the evacuation of the remaining 22.

2. On 19 May 2009 Lord Matthews dismissed charges against Thomas, Anne and Alan Balmer in relation to these deaths. This was on the basis that the prosecution was in their capacity as partners and that as the firm had been dissolved after the fire in 2005 and was no longer in existence such a prosecution was not possible. In addition he held that criminal liability did not transfer from the firm to its partners, either individually or in a collective capacity.

3. Two previous indictments had been the subject of successful challenges on similar grounds on the basis, respectively, of legal submissions on relevancy and competency.

4. In his judgment, Lord Matthews stated: "It is clearly in the public interest that the Crown investigate matters such as this and attempt to prosecute them if they can. The fact is that the law does not allow them to do so, at least in the form chosen. It may be that this is a matter which might usefully be considered by the Scottish Law Commission or the Scottish Parliament." Any such amendment to legislation would be the responsibility of the Government at Westminster. The issues raised by the judgment will now be considered by officials in the Scottish and UK Governments.

5. Fatal Accident Inquiries are held under the Fatal Accidents and Sudden Deaths Inquiries (Scotland) Act 1976. Evidence is presented by or on behalf of the Procurator Fiscal and interested parties, who will normally include representatives of the next of kin and the Inquiry is presided over by a Sheriff or Sheriff Principal.

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