Review call after barman's death

A conclusion was reached in the Stuart Foster inquiry last week

A Borders MSP has written to Justice Secretary Kenny MacAskill seeking an urgent review of the fatal accident inquiry system.

The SNP's Christine Grahame said the time taken to deliver a ruling could cause families "unnecessary heartache".

She made her comments after the recent conclusion of an inquiry into the death of Kelso barman Stuart Foster in 2004.

A spokesperson for the Crown Office said investigating deaths had to be done "thoroughly and professionally".

Ms Grahame was involved in efforts to secure an inquiry into the death of Mr Foster who died after a drinking session Cavendish Club in Edinburgh in June 2004.

We had to fight for three years to get a conclusion to this fatal accident inquiry Willie Foster

Sheriff Kathrine Mackie delivered her ruling on his death last week.

"It has taken more than three years for a report into his death to be completed," said Ms Grahame.

"Three years which have left Stuart's parents Willie and Margaret exhausted and ultimately devastated."

The young barman's father has also expressed concern about how the case was handled.

"We had to fight for three years to get a conclusion to this fatal accident inquiry," said Mr Foster.

"In the first instance, we waited two years after Stuart's death before we were told we were going to get one.

"It has been an absolute nightmare for me and my wife Margaret."

He said it took considerable effort to secure an inquiry.

"I think what the Crown were trying to do was sicken us in the hope that we would go away," said Mr Foster.

"I am morally, mentally and physically exhausted."

'Highly sensitive'

A spokesperson for the Crown Office and Procurator Fiscal Service said it had to balance the difficulty of cases with the need to deal with them quickly.

"Investigating deaths is a highly sensitive and complex area of work, and it is vital that procurators fiscal investigate deaths thoroughly and professionally," she said.

"The length of time taken to investigate will vary depending on the individual circumstances of each case.

"Procurators fiscal are aware of the upset and distress which is felt by next of kin and always seek to progress matters as quickly as possible."