Death of gamekeeper in crash during Aberdeenshire storm 'could have been avoided'

The death of a gamekeeper who died after crashing an all-terrain vehicle (ATV) during a storm in Aberdeenshire “could have been avoided” if a shoot had been cancelled.

Matthew Burden was thrown from a green Can-Am light after crashing on an unclassified road in Aberdeenshire on January 29, 2022.

A Fatal Accident Inquiry was launched following the death.

‘It was unsafe to have a shoot’

The inquiry heard how Mr Burden’s ATV was discovered against a drystone wall, and he was found lying unconscious on the road.

The 36-year-old, who was a gamekeeper at Tillypronie estate, was taken to Aberdeen Royal Infirmary, where he died from a head injury on February 6 that year.

An amber weather warning for high winds had been in place for eastern Scotland on the day of the accident, due to Storm Malik.

The weather, which saw wind gusts of 50 to 60 mph, was so severe that windows were rattling and dog kennels were blown down.

At Aberdeen Sheriff Court, Sheriff Christine McCrossan ruled his death could have been avoided if a shoot he had been due to work on that day had been cancelled due to the weather conditions.

It was also ruled that the death could have been avoided had Mr Burden been wearing a seat belt.

In a written judgment, she said: “I am satisfied that the weather was most extreme. It was a storm.

“I find that cancelling the shoot at 7am would have been a precaution which was reasonable to take on the morning of May 29, 2022, and had it been taken, there is a lively possibility that the accident would have been avoided.

“All of the witnesses who spoke to the weather that morning – Mr Paterson, Mr Allardyce, Mr Fraser, Ms Schooling agreed it was unsafe to proceed to have a shoot.

“Mr Burden would not have been on the road at the material time, and the wearing of the seatbelt would no longer be relevant.”

Sheriff McCrossan offered her “sincerest condolences” to the family and friends of Mr Burden, who was survived by his fiancée and their children.