Death investigations

Joint FAI for two men who died from covid in prison

The Procurator Fiscal has lodged a First Notice with the Sheriff Court to commence the court process for a joint Fatal Accident Inquiry into the deaths of Francis Peter McCarthy and John Hay Angus.

Francis Peter McCarthy, 59, died on 12 April 2020 in Glasgow Royal Infirmary after being transferred from HMP Low Moss. 

John Hay Angus, 66, died on 9 April 2020 in Royal Infirmary of Edinburgh after being transferred from HMP Edinburgh.  

Both men died after contracting the COVID-19 virus while in legal custody.  

A preliminary hearing will be held on 14 January 2025.     

The Fatal Accident Inquiry will be heard on 18 August 2025 at Edinburgh Sheriff Court. 

The purpose of an FAI includes determining the cause of death, the circumstances in which the deaths occurred, and to establish what reasonable precautions could have been taken 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 apportion blame.   

The deaths were investigated by the Covid Deaths Investigation Team within COPFS.  

Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS, said:          

“The Lord Advocate considers that the deaths of Francis Peter McCarthy and John Hay Angus occurred in similar circumstances, both deaths being attributable to the COVID-19 virus contracted whilst in legal custody 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.”  

Further information

For more information on Fatal Accident Inquiries see the Crown’s guide.