Death investigations

Court process begins for the FAI into the death of a pedestrian

The Crown Office and Procurator Fiscal Service (COPFS) has lodged a First Notice to begin the court process for a Fatal Accident Inquiry into the death of Chloe Morrison.

The 26-year-old died on 25 October 2019 after being struck by the extended outrigger leg of a Scania lorry owned by Glenevin Ltd as she was walking along a footpath next to the A82 road at Kerrowdown, near to Drumnadrochit. 

A preliminary hearing is set for 18 April 2024 at Inverness Sheriff Court.       

The purpose of a Fatal Accident Inquiry (FAI) includes determining the cause of death; the circumstances in which the deaths occurred, and to establish what, if any, reasonable precautions could have been taken, and could be implemented in the future, to minimise the risk of future deaths in similar circumstances. 

This FAI follows the prosecution and conviction of the lorry driver for a contravention of the Road Traffic Act 1988 after trial in the High Court of Justiciary at Inverness.  

Unlike criminal proceedings, FAIs are inquisitorial in nature, and are used to establish facts rather than to apportion blame.       

This Inquiry will explore the circumstances of Chloe’s death, with particular focus on the working arrangements within Glenevin Ltd. regarding the use of lorry mounted cranes by drivers who were not qualified so to do; the use of the outrigger legs by the Scania lorry between the time when it left Glenevin Ltd.’s premises at Old Meldrum, near Aberdeen and the accident leading to Chloe Morrison’s death. 

The inquiry will also consider wider industry practice in respect of the use of vehicles like the Scania lorry by unqualified drivers, the regulatory framework around the requirement for the retrofitting of ‘stabiliser not stowed’ warning systems, and the number of vehicles without such warning systems on the roads at the present time. 

Procurator Fiscal Andy Shanks, who leads on death investigations for COPFS, said:       

“The tragic death of Chloe Morrison occurred in circumstances giving rise to significant public concern and as such a discretionary Fatal Accident Inquiry will be held.     

“The lodging of the First Notice enables FAI proceedings to commence under the direction of the Sheriff.    

“Chloe’s family will continue to be kept informed of significant developments as court proceedings progress.”