Torture fall death inquiry will not assess window safety

The safety of a high-rise window that a tortured man fell to his death from in Aberdeen will not form part of a fatal accident inquiry.

Jamie Forbes, 37, was held against his will at a flat in Elphinstone Court for two days in January 2024 before plunging from a 12th-floor window.

Witnesses had called 999 after hearing cries for help - however when police carried out door-to-door inquiries they were not able to trace where the pleas had come from.

A motion had called for the window in question - and its opening restrictor - to form part of the forthcoming FAI evidence. However Sheriff Principal Andrew Miller ruled that out and the inquiry is due to start later this month as planned.

Lee Smith, 37, was jailed for eight years in December 2024 after admitting culpable homicide.

At the High Court in Edinburgh, Lady Hood heard the abuse inflicted on Forbes was so bad that he had no other option but to jump from the window.

Police later discovered the lock of the flat's door had been tampered with, meaning the window was the only route of escape.

Officers had found Smith washing up in the kitchen, and bloodstains throughout the flat.

He had repeatedly hit his victim with a hammer, and punched and kicked him during the attack.

Peter Watson, on behalf of police officers involved in the case, told a preliminary hearing on Tuesday that the safety of the window in question was within the scope of the inquiry.

He said it was a potentially a relevant factor in the circumstances of the death, and was therefor in the public interest to be explored in evidence.

However, Gavin Burton, for the Crown, said the circumstances of the case were very particular, and that there was no actual evidence about the condition the window restrictor had been in.

He said it was a case where somebody had been forced into a position where they had to take the "unenviable" decision to exit the flat via the window.

Burton said it was not known if Forbes had to break the restrictor, only that leaving by the door was not an option.

Alan Wickham, on behalf of the Forbes family, described the window safety issue as "wholly speculative".

He said the victim had been forced from the window by the prevailing circumstances and because there was no means of exiting via the door.

"There are no witnesses who can tell us if it was broken," he said of the window.

He said no safety standards had such similar circumstances in mind.

Sheriff Principal Miller said taking in potential evidence about the characteristics of the window was unlikely to lead to any meaningful recommendations, and could instead distract attention from the focus of the inquiry.

He said new dates would also have to be found, leading to a possible lengthy delay.

He said he was satisfied the current scope of the proceedings reflected the circumstances of the death, and refused the move for window safety evidence.

The inquiry is due to begin on 26 May and last for four days, followed by later submissions.