Deaths of two men killed by their neighbour in Oban 'could not have been prevented'

The deaths of two pensioners who were killed by their neighbour could not have been prevented, a fatal accident inquiry has found.

Oskars Rancevs, who was a reality TV dance star in his native Latvia, was previously cleared of murdering ex-SAS soldier Martyn Smith, 73, and killing John Whyte, 75, on mental health grounds.

Rancevs was sent to the State Hospital at Carstairs after the not guilty verdict in 2019.

The pensioners died after being attacked by Rancevs in a row over rubbish bins in Oban, Argyll, in October 2018.

A Fatal Accident Inquiry was held to determine whether their deaths could have been avoided and if there were defects within the system which contributed to the killings.

Sheriff Sheena M Fraser ruled that she had heard “no evidence that would allow her to find that the deaths might realistically have been avoided by a reasonable precaution”.

Concerns over erratic behaviour

Rancevs was suffering from bipolar affective disorder when he attacked the pensioners on Columba Court on October 1, 2018.

In the lead-up to the killings, a number of people expressed concerns to the authorities about Rancevs, who had behaved erratically in a church, a pub, and at a cinema.

Mr Smith had previously complained about Rancevs putting the wrong rubbish in the bin.

Rancevs approached Mr Smith as he stood outside the block of flats talking to Mr Whyte.

He threw rubbish at Mr Smith and then pushed him on the chest a number of times before kicking him on the head and jumping on his chest.

Rancevs continued to attack the pensioner by jumping on top of him from a height.

A post-mortem examination later found Mr Smith died from blunt-force trauma and had multiple rib fractures and a fractured sternum.

Rancevs also kicked Mr Whyte on the stomach twice.

The pensioner dialled 999 and went back into his flat, but died from cardiac arrest caused by stress.

Police later found him dead on a couch with his phone in his hand.

The court had heard professional dancer Rancevs told police after the attacks: “This is the best day I’ve ever had.”

Sheriff ruling

An Adverse Event Review (SAER) conducted by the Highlands health board found that there was no evidence to suggest that the events which led to the deaths of the two men were “predictable”.

Experts found that, although there were areas for improvement identified, they were incidental and not considered to have had a direct influence on the events.

The findings concluded that Rancevs’ care was “considered to have been appropriately managed despite challenges associated with him spending periods in Latvia and his lack of compliance with medication”.

Sheriff Fraser was asked by the Crown to determine that a reasonable precaution would have been ensuring that Rancevs continued to take his medication.

However, she said she had declined to do so as she had heard “little evidence about the therapeutic effect of those medications”.

Sheriff Fraser added: “No medical evidence was led that would allow me to conclude what effect any particular type of medication he was required to take on October 1, 2018, would have had on Rancevs and why taking that medication would have prevented his behaviour that day.”

It was determined by the sheriff that criticism of the decision to discharge Rancevs without seeking a Compulsory Treatment Order in October 2017 did not amount to a reasonable precaution as there was “no evidence to conclude that this would have prevented the deaths a year later”.

The ruling goes on to state that there was no evidence to support a recommendation that an earlier appointment was a reasonable precaution, and if it were one, that it would realistically have resulted in the deaths being avoided.

Sheriff Fraser added: “Whilst the evidence supported some defects in record keeping and sharing of that information, those were all identified in the Health Board review and the systems altered to ensure the same situation does not occur.

“There was no evidence led that would allow me to determine that those defects contributed in any way to the deaths.”

Sheriff Fraser offered her condolences to the loved ones of both Martyn Smith and John White for their tragic loss.