Gordon Pinkerton, 75, died on 22 April 2020 and Francis Moore, 85, died on 27 February 2021.
Both men died in Dumfries and Galloway Royal Infirmary after contracting the COVID-19 virus while in legal custody within HMP Dumfries.
DETERMINATION INTO THE DEATHS OF GORDON PINKERTON AND FRANCIS MOORE
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.
Unlike a criminal trial, a Fatal Accident Inquiry (FAI) seeks to establish the facts surrounding the death and is not a hearing which apportions blame.
The deaths were investigated by the Covid Deaths Investigation Team within COPFS.
The Procurator Fiscal, who acts in the public interest in such Inquiry, presented evidence on the facts and circumstances of Mr Pinkerton and Mr Moore's deaths.
Following the publication of the determination, Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS said:
“We note the Sheriff’s determination.
“Mr Pinkerton and Mr Moore died from the COVID-19 virus they contracted whilst in legal custody. The similarity in the circumstances of their deaths allowed for the Procurator Fiscal to initiate a joint FAI and ensure that the full facts and circumstances of their deaths were presented at the mandatory Fatal Accident Inquiry."
Further information
The inquiry was a mandatory inquiry under Section 2(4)(a) of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.
Covid Deaths Investigation Team (CDIT)
CDIT work with agencies including the Health and Safety Executive, Local Authorities, the Care Inspectorate, NHS boards and the police to ensure that all necessary and appropriate enquiries are made in relation to the Covid-19 or presumed Covid-19 deaths reported to the team.
For more information on Fatal Accident Inquiries see the Crown’s guide.