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Sheriff calls for changes to FAIs

A LEADING sheriff has called on grieving families to be spared the agony of giving evidence at fatal accident inquiries into the death of their loved ones.

Sheriff Peter Gillam said he believed the emotional trauma should be avoidable if families believed nothing could be learned from a legal hearing.

Sheriff Gillam has spoken out after conducting an inquiry into the tragic death of a young father who was killed while working at his family's mushroom growing business.

Stephen Paton, 34, went to check a conveyor belt after a colleague reported seeing a spark.

But as he touched the machinery he received a massive electric shock and was thrown to the ground.

Workmates dialled 999 but paramedics could do nothing to save him.

Mr Paton, of North Berwick, East Lothian, was survived by his wife, Pauline, and sons, Callum, Robbie, and James.

Sheriff Gillam, who led the inquiry at Haddington Sheriff Court last month, has now ruled that Mr Paton's untimely death in October 2006 had been caused by faulty wiring.

But he stressed that the heartache and length of time needed to conduct inquiries had forced unnecessary suffering on his relatives.

He said: "This sequence of events had tragic consequences for the deceased and his family.

"Their loss is profound. It is difficult to imagine the impact that this accident has had, and will have on the whole family.

"I have expressed my sympathy to the family for their loss. However, there is little anyone can do to alleviate the pain of their loss.

"I do not know whether this Inquiry, occurring as it did almost two years after the event, helped or hindered in the healing process.

"It obviously brought back memories of events which have caused the family distress.

"However, if it has helped to explain what happened to their husband, father and son, then perhaps the exercise has been worth while."

He added: "A Fatal Accident Inquiry is mandatory after a death at work. I understand that there is a review of a Fatal Accident Inquiries taking place at the moment.

"I would hope that consideration in that review would be given to the possibility of a discretion being given to the Court not to hold an inquiry if the family of the deceased, after receiving legal advice, put forward strong reasons for such an inquiry not taking place.

"I would imagine, that in some circumstances such an inquiry would only hinder rather than help the healing process and impose further distress to the family.

"I would also hope that if an inquiry is to take place, it should do so as soon as the inquiries are completed, which hopefully would happen within months, rather than years after the event."

Last night Mr Paton's father, Neil, who runs the company, Halfland Mushrooms Ltd, said he agreed with the sheriff's findings.

He said: "I fully concur with what the sheriff has said. We found we had to relive a lot of very painful memories.

"We learned nothing new from the inquiry. We will never forget Steven or what happened but I feel very little was gained by us having to endure the inquiry."

Mr Paton, known as Stevie to his family and friends, grew up at Gleghornie Farm, near Whitekirk, East Lothian, with his parents Neil and Kit, brother Douglas, and sister Susie.

A former pupil of North Berwick High School, he went on to attend agriculture college, studying in both Edinburgh and at Oatridge in West Lothian.




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