Authorities progress inquiry into worker's death at Mowi Scotland fish farm
Preliminary hearing into fatality will be held on October 27
The Crown Office and Procurator Fiscal Service (COPFS) has lodged a notice to begin the court process for a fatal accident inquiry (FAI) into the death of Mowi Scotland employee Clive Hendry.
Hendry, 58, died on 18 February 2020 while transferring from a workboat to a Sea Cap feed barge at the company’s Ardintoul fish farm on the south side of Loch Alsh.
A preliminary hearing is set for 27 October 2023 at Inverness Sheriff Court.
The purpose of an FAI includes determining the cause of death; the circumstances in which the death 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.
Facts, not blame
The FAI follows the prosecution and conviction of Mowi Scotland Limited in May 2023 for breaches of health and safety legislation.
Unlike criminal proceedings, FAIs are inquisitorial in nature, and are used to establish facts rather than to apportion blame.
The COPFS said the inquiry will explore the circumstances of Hendry’s death, with particular focus on risk assessments and systems of work in relation to boat transfers to the Sea Cap, the wearing of restraining straps on lifejackets and the content and frequency of any man overboard training delivered by the company.
Procurator Fiscal Andy Shanks, who leads on death investigations for COPFS, said the fact that Hendry’s death occurred while in the course of his employment meant that n FAI was mandatory.
“Mr Hendry’s family will continue to be kept informed of significant developments as court proceedings progress,” said Shanks.