Death investigations

FAI court process begins for the death of fish farm employee

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

Mr Hendry, 58, died on 18 February 2020 while transferring from a work boat to a floating permanent structure known as the Sea Cap at the company’s Ardintoul fish farm on the South side of Loch Alsh. 

A preliminary hearing is set for 27 October 2023 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 Fife based Mowi Scotland Limited in May 2023 for breaches of health and safety legislation.  

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 Clive Hendry’s death, with particular focus on risk assessments and systems of work in relation to boat transfers to the Sea Cap, the wearing of restraining straps on lifejackets and the content and frequency of any man overboard training delivered by the company. 

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

“The death of Clive Hendry 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 Hendry’s family will continue to be kept informed of significant developments as court proceedings progress.”