Death investigations

Court process for falls from height FAI begins

The Crown Office and Procurator Fiscal Service (COPFS) has lodged a First Notice with the Sheriff Court to begin the court process for a Fatal Accident Inquiry (FAI) into the deaths of six men.

Alan Brisbane, 60, Charles Emslie, 71, Colin Gibson, 62, Dale Pattinson, 36, Hugh MacPhail, 75, and James Smith, 74, all died following falls from height at farms across Scotland.

 A preliminary hearing will be held on 19 November 2025 at Falkirk Sheriff Court.   

The purpose of an FAI includes determining the cause of death, the circumstances in which the death occurred, and to establish what reasonable precautions could have been taken to minimise the risk of future deaths in similar circumstances.   

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

The Procurator Fiscal, who acts in the public interest, will provide detailed and comprehensive evidence to the Inquiry on the facts and circumstances of these six deaths. It will include a consideration of evidence on safety when working at height and awareness of and adherence to Health and Safety Executive guidance for working at height.  

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

“The deaths of Alan Brisbane, Charles Emslie, Colin Gibson, Dale Pattinson, Hugh MacPhail and James Smith occurred while in the course of their employment and as such a Fatal Accident Inquiry is mandatory.   

“Their tragic deaths are a sad reminder of the danger of working at height. It is my hope that this FAI will raise awareness on safe practices when working at height.

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

“The families will continue to be kept informed of significant developments as court proceedings progress.”

Alan Brisbane owned and ran A and K Farming in Stirling. He died on 18 September 2023 after falling while working alone in a barn on 15 September 2023.

Charles Emslie owned and ran a farm at Law Farm in Aberdeenshire. He died on 7 September 2024 after falling through a grain store skylight.

Colin Gibson was self-employed and worked in property maintenance. He died on 12 April 2022 after he fell through the roof of a cow shed he was repairing on 7 October 2020 at Littlehill of Knaven Farm in Peterhead.

Hugh MacPhail owned and ran Callachally Farm on the Isle of Mull. He died on 6 July 2023 after falling through the roof of a sheep shed he was repairing.

Dale Pattinson was the sole director of DWP Roofing and Cladding Ltd. He died on 26 August 2023 after falling through a cattle shed skylight on Bassendean Farm in the Scottish Borders on 25 August 2023.

James Smith owned and ran Bowhouse Farm in Stewarton. He died on 22 August 2024 after falling through a cow shed roof.

Further information

For more information on Fatal Accident Inquiries, see the Crown’s guide.