Xander died on 30 June 2020 at the Royal Hospital for Sick Children, Edinburgh after being struck by a Red Kia Picanto on Morningside Road.
The driver, 91-year-old Edith Duncan, now deceased, mounted the pavement and struck Xander and his mother as they were looking in a shop window.
Ms Duncan was suffering from cognitive mental impairment due to undiagnosed age-related dementia at the time of the incident.
This was a discretionary Fatal Accident Inquiry instructed by the Lord Advocate as she considered that the death of Xander Irvine occurred in circumstances giving rise to serious public concern.
DETERMINATION INTO THE DEATH OF XANDER IRVINE
The purpose of a Fatal Accident Inquiry (FAI) 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, an FAI seeks to establish the facts surrounding the death and is not a hearing which apportions blame.
The Procurator Fiscal, who acts in the public interest in such Inquiries, led evidence on the facts and circumstances of Xander’s death including evidence from eyewitnesses, evidence on Ms Duncan’s medical condition and risks created by failing to identify drivers with dementia and other defects in the system of driver licensing.
Following the publication of the determination, Procurator Fiscal Andy Shanks, who leads on fatalities investigations for the Crown Office and Procurator Fiscal Service (COPFS) said:
“Xander Irvine’s death was a devastating loss for his family. They have my heartfelt sympathy for all they have suffered.
“I welcome the sheriff’s determination which makes significant recommendations in relation to the fitness-to-drive requirements for drivers over 70 and a change to primary legislation.
“This was an incident that the Lord Advocate carefully considered and was satisfied that the circumstances made a compelling case for a discretionary Fatal Accident Inquiry.
“The procurator fiscal service will continue to keep in contact with the Irvine family and answer any questions they may have about the determination.
“My thoughts remain with the family at this difficult time.”
Further information
For more information on Fatal Accident Inquiries see the Crown’s guide.