Mr Burden, 36, who was employed as a gamekeeper by East Tillypronie Sporting Ltd, Tillypronie Estate, in Aberdeenshire, died on 6 February 2022, after an accident on 29 January involving a Can-AM Traxter all-terrain vehicle.
A preliminary hearing is set for 24 October 2024 at Aberdeen Sheriff Court.
The purpose of a Fatal Accident Inquiry (FAI) includes determining the cause of death; the circumstances in which the deaths 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.
Unlike criminal proceedings, FAIs are inquisitorial in nature, and are used to establish facts rather than to apportion blame.
It is anticipated that the Inquiry will consider the use of the seatbelt in the Can-AM Traxter, a fault and knowledge of the fault with the driver’s door, health and safety advice for all-terrain vehicles and the companies processes and procedures on maintenance and reporting faults.
Procurator Fiscal Andy Shanks, who leads on death investigations for COPFS, said:
“The death of Matthew Burden occurred while in the course of his employment and as such a Fatal Accident Inquiry is mandatory.
“The lodging of the First Notice enables FAI proceedings to commence under the direction of the Sheriff.
“Mr Burden’s family will continue to be kept informed of significant developments as court proceedings progress.”
For more information on Fatal Accident Inquiries, see the Crown’s guide.