Inquiry into Western Isles fishing tragedy

Large number of witnesses expected for inquiry into Western Isles fishing tragedy

26 August 2021

A fatal accident inquiry is to be held in Edinburgh next month into the deaths of three fishermen who died in the Western Isles five years ago.

MFV Louisa sank while at anchor by Mingulay - some 13 miles south of Barra - in April 2016.

Chris Morrison, 27, of South Harris and 29-year-old Martin Johnstone, from Caithness perished. Skipper Paul Alliston from Lewis also died. His body has never been recovered.

Lachlan Armstrong, from Stornoway, survived after managing to swim ashore.

The Stornoway-registered crab boat was later salvaged and taken ashore in Glasgow for tests by the Marine Accident Investigation Branch.

Inspectors concluded that the cause of the sinking was flooding of the hold.

Four weeks are required to hear all the evidence from a large number of witnesses estimated Sheriff Principal Derek Pyle who will preside over the hearing.

The inquiry is set to commence on 6th September in Edinburgh when two weeks of evidence the inquiry will adjourn until November or December for another ten days of evidence.

Normally, a sheriff’s ruling in fatal accident inquiries can take many months to be published.

However, Sheriff Principal Derek Pyle, said he anticipated his determination to be produced in a matter of weeks.

Senior procurator fiscal David Glancy had drawn up a list of 23 potential witnesses.

The Marine Accident Investigation Branch report into the sinking - which contains the MFV Louisa’s incident log - is due to be bought up at the hearing said Mr Glancy.

A pre-inquiry hearing today to confirm that all seven parties involved, their solicitors, and the Crown are ready to proceed will not be conducted in the Lochmaddy court but is being held online.

The fatal accident inquiry is to take place in Parliament House - which houses the Supreme Courts of Scotland. The courtroom being used within the Court of Session has a 20 person limit.

Lochmaddy Sheriff Court has jurisdiction as the tragedy occurred within its district. However, the North Uist court is not large enough to contain the large number of people involved in the hearing.

The set of solicitors and agents comes to 14 people even before witnesses and court personnel are taken into account.

Relatives of crew members are likely to be offered a telephone link to the proceedings.

Only two witnesses from the Uist and Barra area are being called with other witnesses residing outwith the district.

Logistical issues such as island travel connections and finding accommodation for the large number of people involved at the inquiry posed problems.

Sheriff Principal Derek Pyle said it was “impossible” to hold the inquiry in any courtroom in the north of Scotland due to social distancing requirements and a backlog of cases.

Using Eden Court in Inverness had been considered as a potential venue option as had courts in Stornoway and Inverness.