A sheriff has been removed from an inquiry into an Aberdeen man’s death in police custody after extreme delays in publishing her overdue findings.
In May 2022, Sheriff Morag McLaughlin held her last hearing of the Fatal Accident Inquiry (FAI) into 20-year-old Warren Fenty’s June 2014 Kittybrewster cell death.
But her determination has since failed to meet four publication deadlines set by the Scottish Courts and Tribunals Service (SCTS).
On Friday, SCTS officials revealed that Sheriff McLaughlin is now “no longer able to produce the determination” due to “personal health reasons”.
The FAI has been taken over by Sheriff McLaughlin’s boss, Derek Pyle who is the Sheriff Principal of Grampian, Highland and Islands.
He is due to call an urgent hearing for participants of the FAI – including lawyers for Warren Fenty’s 54-year-old mum Sharon, Police Scotland and NHS Grampian – to discuss the FAI’s future.
Warren’s mum says she’s ‘devastated’ by yet another setback
“I’m devastated,” Sharon told The Press and Journal, adding: “I’m worried that this will mean going right back to the start with a fresh FAI.
“It was hard enough going through it the first time. I can’t understand how Sheriff Principal Pyle could make his own determination without having to hear all the evidence again. I’m worried about the quality of this FAI.”
The SCTS could not confirm whether new proceedings would be required or if Sheriff Principal Pyle would rely on transcripts of the evidence which concluded in February 2022.
A Judicial Office spokesman said: “Sheriff Principal Pyle, the Sheriff Principal of Grampian, Highland and Islands, has been monitoring progress of the preparation of Sheriff McLaughlin’s determination in this inquiry over an extended period.
“The Sheriff Principal has regretfully concluded that due to personal health reasons Sheriff McLaughlin is no longer able to produce the determination.
“The Sheriff Principal will now take personal control of the inquiry and has offered to meet the family of Warren Fenty, if they so wish, to discuss the delay and its consequences.”
They added: “The Sheriff Principal recognises that this is a very unsatisfactory situation and this step has been taken with great reluctance, recognising the harm which the delay to date has already done but also what yet more uncertainty will do to the interests of all parties to the inquiry, not least the family of the deceased.
“He will fix a hearing as a matter of urgency for the participants to be given the opportunity to discuss the best way forward. Whatever is decided, the inquiry will be under his sole control, including the preparation of the final determination.”
On previous occasions, the SCTS has repeatedly told this newspaper that delays in publishing the probe’s conclusion were down to its complexity and the need to check facts.
‘I hope this new sheriff gets his arse into gear’
Miss Fenty has confirmed that she hoped to sit down with Sheriff Principal Pyle within the next two weeks but remained sceptical of the SCTS’ sincerity.
She said: “This is my one chance to tell him how I feel and what I’ve gone through for the last 10 years.
“I’m hoping he’s going to be prepared for the meeting and have answers to my questions to hand.
“I’m angry with the court service because all of this should have been dealt with a long time ago. I think they’ve known about this latest problem a lot longer than today.
“I don’t think they’ve just decided to remove Sheriff McLaughlin today. It’s just another excuse to cover their backs and keep me hanging on even longer.
“I hope this new sheriff puts his foot down and gets his arse into gear and gets it done.”
3,484 days since Warren’s death and still no answers
It’s been nine and a half years since Warren died and still nothing has been published to explain the series of failings that led to his avoidable death.
At 7.04am on June 29 2014, Mr Fenty was discovered unresponsive in cell 28 at Kittybrewster custody centre, where he was later declared dead by paramedics at 7.25am.
He died in his sleep from methadone intoxication just hours after being locked up, following treatment for a drug overdose in the high-dependency unit at Aberdeen Royal Infirmary (ARI).
The day before, Mr Fenty had prematurely discharged himself from ARI – against doctors’ advice – and then police officers detained him in connection with potential drug offences.
He’d already received the intravenous drug Naloxone to counteract the effects of an overdose and, at the time of his detention, the young man was on suicide watch.
Police officers were required to visit the “high-risk” prisoner’s cell every 30 minutes.
But evidence heard during the FAI revealed that three checks weren’t made over a one hour and 45 minute period.
Other checks were “not of a satisfactory standard” according to Inspector Mark Flemming, a senior police officer who later reviewed the events leading up to the detainee’s passing.
In his evidence, the inspector noted that custody sergeants struggled with “having simply too much to do to be fully aware of any critical matters relating to prisoners”.
The court heard that Police Scotland has since doubled the number of personnel staffing custody teams on duty at Kittybrewster police station.
Insp Flemming also told Aberdeen Sheriff Court that there had been a “communication breakdown” between NHS Grampian and Police Scotland during the handover of Mr Fenty.
Sheriff McLaughlin was told there was a “significant gap” in information shared between those who came into contact with the deceased.
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