James Forbes, 37, died on 15 January 2024 after a fall from height. He had been abducted and held against his will at a flat in at Elphinstone Court, Aberdeen.
A preliminary hearing is set for 7 October 2025 in Aberdeen Sheriff Court (Civil Centre).
The purpose of a Fatal Accident Inquiry (FAI) includes determining the cause of death; the circumstances in which the death 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 a thorough and independent investigation by the Procurator Fiscal and the conviction of Lee Smith for culpable homicide.
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 Mr Forbes’ death, with particular focus on police decision making and actions prior to the death of Mr Forbes.
Procurator Fiscal Andy Shanks, who leads on death investigations for COPFS, said:
“The death of James Forbes occurred in circumstances giving rise to serious public concern and as such the Lord Advocate has decided that a discretionary Fatal Accident Inquiry should be held.
“The lodging of the First Notice enables FAI proceedings to commence under the direction of the Sheriff.
“An FAI will allow a full public airing of the evidence of the procurator fiscal’s wider investigations with interested parties. The evidence will be tested in a public setting and be the subject of an independent judicial determination.
“James’ family will continue to be kept informed of significant developments as court proceedings progress.”
Further information
For more information on Fatal Accident Inquiries, see the Crown’s guide