Mr Kirk, 83, a farmer at Bettyfield Farm, Kelso, died on 24 September 2025, following an accident that saw him trapped on the metal grate step of a combine harvester.
A Preliminary Hearing is set for 5 August 2026 at Selkirk Sheriff Court.
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.
Unlike criminal proceedings, FAIs are inquisitorial in nature, and are used to establish facts rather than to apportion blame.
Procurator Fiscal Andy Shanks for the Crown Office and Procurator Fiscal Service, Scotland’s independent deaths investigation authority, said:
“The death of John Kirk occurred while in the course of his employment and as such a Fatal Accident Inquiry is mandatory.
“The lodging of the First Notice enables FAI proceedings to commence under the direction of the Sheriff.
“Mr Kirk’s 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.