Fatal Accident Inquiries (“FAI”)
Both Urfan Dar & Judith Hutchison, respected Solicitor Advocates have extensive experience in FAI work having been instructed in numerous cases over the years. They recognise the difficult and emotional journey that client’s and families have to endure, often after significant unexplained delays in determining the truth behind matters and strive to seek recommendations in order that institutions will learn from and improve any shortcomings in the future.
Judith spent her first 5 years working in construction before embarking upon a distinguished career at the Crown & Procurator Fiscal’s Office (“COPFS”). During that period she gained recognition as a robust litigator with exemplary advocacy skills. She was appointed a Senior Procurator Fiscal Depute gaining significant experience in both the summary and sheriff & jury unit and also spent time in the Edinburgh Unit dealing with Proceeds of Crime matters. Whilst within Glasgow she was a specialist prosecutor for wildlife and environmental crime; planning law contraventions and contraventions of Copyright Design & Patents Act offences. She received an award from the British Phonographic Industry for her dedication and professionalism in the preparation and prosecution of the first major bootleg distribution case in Scotland. Latterly, in recognition of her advocacy experience she was employed as a legal trainer at the Scottish Prosecution College providing advocacy training for Deputes in the Service having gained an accreditation as a National Institute of Trial Advocacy (NITA) trainer.
Judith thereafter decided to take on a new challenge and as well as working as an independent criminal defence solicitor spent a period of time working for Berrymans Lace Maher LLP as a specialist solicitor in their Regulatory Crime Team providing expert advice in Fatal Accident Inquiries (FAI’s), Health & Safety prosecutions, specialist Road Traffic prosecutions and other regulatory crime. As a highly respected Criminal Solicitor Advocate specialising in Solemn Trials and the defence of regulatory prosecutions she has also been instructed as Junior Counsel in Scotland’s largest Serious & Organised Crime High Court Trial.
The rules governing FAI’s can be found in the:
Urfan has gained extensive experience in recent years having been involved in many FAI’s, of which a brief selection are listed below:
FAI into the death of AH at HMP Barlinnie – 2019 – 2020 – this was a significant FAI which lasted 14 days and had implications for Police Scotland, court and prison officers as it related to findings of inadequate monitoring, care and detection of a prisoner’s condition, whereby he died of acute peritonitis due to a perforated ulcer. Urfan was instructed on behalf of the family of the deceased and strongly criticised the conduct of staff charged with his care within his oral and written submissions. This was one of three significant FAI’s Urfan conducted in recent years allowing him to gain specialist experience in the field. See written judgment here and news article here.
SC FAI – March 2018 – this was a significant FAI into the conduct of the police who detained the accused who subsequently died in police custody. Please see article here.
WM FAI into the death of RM – 2018 – this was an important FAI into the conduct of prison staff following the death of a young offender at HMYOI Polmont. See article here.
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