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Friday, 14 January, 2000, 17:01 GMT
Fire hearing halt order refused

Court of session The case was heard in the Court of Session in Edinburgh


A judge has refused to grant an order preventing a disciplinary hearing from going ahead against eight Tayside firemen.

The firefighters, who are to face disciplinary proceedings following a blaze in which a young woman died, had sought an interim interdict at the Court of Session in Edinburgh.

Their argument that the hearing might prejudice any criminal proceedings which could follow from the case was rejected by the court.

The hearing stems from a fire in which Amanda Duncan, 21, died in her second floor flat in Dundee, on 26 November, 1997.


In the absence of any proceedings it is not possible to identify a real risk of injustice. Any risk is entirely notional and speculative
Lord Bonomy
Miss Duncan's downstairs neighbour, former psychiatric patient Colin Crabb, deliberately started the fire in the block and was later jailed for 10 years.

Sheriff Richard Davidson subsequently criticised the conduct of officers fighting the fire and evidence given by some of them at a fatal accident inquiry.

Tayside Fire Board is due to begin disciplinary proceedings against eight firefighters on Monday.

Four members of the group are under investigation by the procurator fiscal and could face criminal prosecution for alleged perjury at the FAI.

Prejudice risk

It was argued at the Court of Session that, to hear the disciplinary case before any criminal proceedings, would cause a risk of serious prejudice.

Lord Bonomy said in his decision: "In the absence of any proceedings it is not possible to identify a real risk of injustice. Any risk is entirely notional and speculative.

"Even if the proceedings were in public and were to be reported there is no reason to think that in this case, as distinct from other criminal cases, the jury could not be relied upon to reach a verdict on the evidence presented to them in the light of directions given to them by the trial judge."

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