Inquiry to investigate deaths after falls from height at farms across Scotland

An inquiry is to be held into the deaths of six men who fell from height while working on farms across Scotland.

The deaths, in Aberdeenshire, Stirling, Mull, the Borders and East Ayrshire, happened at various points between 2020 and 2024.

The Crown Office and Fiscal Service has begun proceedings which will aim to raise awareness of safe practices while working at height.

A preliminary hearing will be held on November 19 at Falkirk Sheriff Court.

Fall from height deaths

Colin Gibson, 62, was self-employed and worked in property maintenance. He died on April 12, 2022, after a fall through the roof of a cowshed he was repairing on October 7, 2020, at Littlehill of Knaven Farm in Peterhead, Aberdeenshire.
Hugh MacPhail, 75, owned and ran Callachally Farm on the Isle of Mull and died on July 6, 2023, after falling through the roof of a sheep shed he was repairing.
Dale Pattinson, 36, sole director of DWP Roofing and Cladding Ltd, died on August 26, 2023, after falling through a cattle shed skylight on Bassendean Farm in the Scottish Borders the previous day.
Alan Brisbane, 60, owned and ran A and K Farming in Stirling. He died on September 18, 2023, after falling while working alone in a barn on September 15 that year.
James Smith, 74, owned and ran Bowhouse Farm in Stewarton, East Ayrshire. He died on August 22, 2024, after falling through a cowshed roof.
Charles Emslie, 71, owned Law Farm in Aberdeenshire and died on September 7, 2024, after falling through a grain store skylight.

Unlike criminal proceedings, FAIs are inquisitorial in nature, and are used to establish facts rather than apportion blame.

The purpose of an FAI includes determining the cause of death, the circumstances in which the death occurred, and establishing what reasonable precautions could have been taken to minimise the risk of future deaths in similar circumstances.

Procurator fiscal Andy Shanks, who leads on fatalities investigations for COPFS, said: “The deaths of Alan Brisbane, Charles Emslie, Colin Gibson, Dale Pattinson, Hugh MacPhail and James Smith occurred while in the course of their employment and as such a fatal accident inquiry is mandatory.

“Their tragic deaths are a sad reminder of the danger of working at height. It is my hope that this FAI will raise awareness on safe practices when working at height.

“The lodging of the first notice enables FAI proceedings to commence under the direction of the sheriff.

“The families will continue to be kept informed of significant developments as court proceedings progress.”