A FATAL Accident Inquiry is to be held into the death of a resident who lived at a care home in Greenock.
The Crown Office and Procurator Fiscal Service (COPFS) today announced that it has lodged a notice to begin the court process for a FAI into the death of Robert McPaul.
Mr McPaul, who was aged 70, died in Sir Gabriel Wood’s Mariners’ Home on Newark Street on March 30 in 2018, after choking on food that was not appropriate for his dietary requirements.
A preliminary hearing has been set for July 19 at Greenock Sheriff Court.
The purpose of a Fatal Accident Inquiry includes determining the cause of death; the circumstances in which it occurred, and to establish what, if any, reasonable precautions could have been taken, and could be implemented in the future, to minimise the risk of future deaths in similar circumstances.
Unlike criminal proceedings, FAIs are inquisitorial in nature and are used to establish facts rather than to apportion blame.
This inquiry will explore the circumstances of Mr McPaul’s death, with particular focus on control and supervisory measures in relation to dietary requirements during meals.
Procurator fiscal Andy Shanks, who leads on death investigations for COPFS, said: “The death of Robert McPaul occurred in circumstances giving rise to significant public concern and as such a discretionary Fatal Accident Inquiry should be held.
“The lodging of the First Notice enables FAI proceedings to commence under the direction of the Sheriff.
“Mr McPaul’s family will continue to be kept informed of significant developments as court proceedings progress.”
The Mariners' Home closed down in 2021, with residents moving on to other care.
Operators The Sailors' Society, the owners, had announced in 2020 that they would be closing the establishment.
It first opened in the 1850s as an 'asylum' for merchant seamen at the bequest of the Greenock commissary general Sir Gabriel Wood.
After its closure the building was subsequently sold off to developers.
The preliminary hearing this month will help identify those who are to take part in the inquiry and the information likely to be presented at it.
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At the end of the FAI process the sheriff will issue a determination setting out details about the death, any precautions which could have reasonably been taken, any defects in any system of work which contributed to the cause of death and any other facts which are relevant.
The sheriff may also make recommendations for future change.
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