Scottish Sheriff Court Decisions

2011 FAI 52

SHERIFFDOM OF TAYSIDE, CENTRAL AND FIFE AT CUPAR

Under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976

Determination by CHARLES N MACNAIR, QC, Sheriff of the Sheriffdom of Tayside, Central and Fife in Inquiry into the circumstances into the death of

Norman Coupar Robertson

CUPAR, 17 November 2011

The Sheriff, determines as follows:

1.            In terms of Section 6(1)(a) of the Fatal Accident and Sudden Deaths Inquiry (Scotland) Act 1976 Norman Coupar Robertson born 2 September 1943 and who resided at 25 Crawley Crescent, Springfield, Cupar, Fife died at approximately 10.20 on 14 May 2011 in an area of woodland at Brigton Estate, near St Andrews, Fife.

2.            In terms of Section 6(1)(b) of the Act the cause of death was (a) thoracic injuries; (b) blunt force trauma; and (c) crushed by falling tree during tree felling operation.

Sheriff

NOTE

1        I heard the inquiry on 1 November 2011. Only the Crown were represented though members of the deceased's family were in Court. This tragic accident occurred during tree felling operations. The deceased had long experience in this type of work having run his own timber business prior to retirement. He had purchased an area of standing timber and on the morning of the accident he and his son were felling an area of that timber. While working on one tree another tree, which had been partially cut through fell on him. His son attempted to draw his attention to the falling tree but was unable to do so.

2        At the conclusion of the evidence the Procurator Fiscal Depute invited me to make a formal determination and I have done so.