Death investigations

Determination published following death of fish farm employee

The Crown Office and Procurator Fiscal Service (COPFS) notes the conclusion of the Fatal Accident Inquiry into the death of Clive Hendry.

Mr Hendry, 58, died on 18 February 2020 while transferring from a workboat to a floating pontoon at the Ardintoul fish farm on Loch Alsh, a sea inlet in the north west Highlands. 

The inquiry was a mandatory inquiry since the death of Mr Hendry occurred while in the course of his employment.      

DETERMINATION INTO THE DEATH OF CLIVE HENDRY 

The FAI followed the prosecution and conviction of Fife based Mowi Scotland Limited who were fined £800,000 in May 2023 for breaches of health and safety legislation.

The Beinn na Cailleach

Unlike a criminal trial, an FAI seeks to establish the facts surrounding the death and is not a hearing which apportions blame. The purpose of an inquiry is to establish the circumstances of the death and to consider what steps, if any, may be taken to prevent other deaths in similar circumstances. 

The Procurator Fiscal led comprehensive evidence from witnesses and a range of sources on the facts and circumstances of Mr Hendry's death.  

Following the publication of the determination, Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS said:    

We note and welcome the Sheriff’s determination.        

“The Procurator Fiscal ensured that the full facts and circumstances of Mr Hendry’s death were led in evidence at the mandatory Fatal Accident Inquiry.    

“The Determination has been provided to Mr Hendry’s family and our thoughts are with them at this time.”