THE fire service is to face a criminal prosecution over the death of one of its firemen in a blaze in Edinburgh.
Ewan Williamson, 35, died after entering the burning Balmoral Bar on Dalry Road in July 2009.
The Crown Office said it has now decided to raise criminal proceedings under health and safety laws, with the application to raise criminal proceedings granted yesterday at Edinburgh Sheriff Court.
Although Mr Williamson worked for Lothian and Borders Fire and Rescue Service, the charges will be brought against the new Scottish Fire and Rescue Service, formed on April 1.
The service is charged with breaching section two of the Health and Safety at Work Act 1974, which states "it shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees".
The other charge is of breaching regulation three of the Management of Health and Safety at Work Regulations 1999, which pertains to carrying out risk assessments at work.
Mr Williamson's family have already raised legal proceedings against the service seeking £700,000 compensation.
Lothian Labour MSP Sarah Boyack has previously urged Alasdair Hay, head of the new service, to resolve a long-running investigation into the tragedy. In a letter sent to Mr Hay, she wrote: "We need transparency on the lessons that can be learned from this tragic incident.
"I am urging the Scottish Fire and Rescue Service to follow up the previous work by Lothian and Borders Fire and Rescue Service to bring about a swift resolution to this case."
Mr Williamson had been in one of two teams wearing breathing apparatus who were sent into the pub. The crews were unable to find the fire in the thick smoke and returned outside to change oxygen canisters before going back in
The fireman failed to return the second time. His body was found later in a toilet, having suffered burns and the effects of extreme heat.
The firefighter's mother, Linda, 69, and his sisters, Rachel and Rebecca, lodged their compensation claim last year. They alleged watch commander Tim Foley did not recognise a warning of a potentially very dangerous "backdraught" fire. They also claim Mr Williamson had not been given sufficient time to recover from his first attempt to find the fire.
The claims in the civil case are being contested by the service.
A spokesperson for the service said: "We have received intimation ... of legal proceedings. Due to the ongoing nature of the legal process we can not comment further on matters at this stage."
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