The Crown Office and Procurator Fiscal Service (COPFS) has lodged a First Notice with the Sheriff Court to commence the court process for a joint Fatal Accident Inquiry into the deaths of Gordon Pinkerton and Francis Moore.
Gordon Pinkerton, 75, died on 22 April 2020 and Francis Moore, 85, died on 27 February 2021. Both men died in Dumfries and Galloway Royal Infirmary after contracting the COVID-19 virus while in legal custody within HMP Dumfries.
A preliminary hearing will be held on December 9 at Dumfries Sheriff Court.
The Fatal Accident Inquiry will be heard on December 19.
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The purpose of an FAI includes determining the cause of death, the circumstances in which the deaths 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 deaths were investigated by the Covid Deaths Investigation Team within COPFS.
Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS, said: “The Lord Advocate considers that the deaths of Gordon Pinkerton and Francis Moore occurred in similar circumstances, both deaths being attributable to the COVID-19 virus contracted whilst in legal custody within HMP Dumfries 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.”
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