Scotland’s outgoing Lord Advocate has said it is “inconceivable” a Fatal Accident Inquiry will not be heard into the fatal double death crash on the M9.
Lamara Bell and John Yuill lay in their car by the side of the motorway for three days after it went off the road, despite a member of the public calling Police Scotland’s non-emergency number to notify the force of the damaged vehicle.
In a letter to Scottish Liberal Democrat leader Willie Rennie, Frank Mulholland QC said he fully expected an FAI to take place once a report is submitted to the Crown Office by the Police Investigations and Review Commissioner.
He wrote: “When all investigations are completed this case will be reported to Crown Counsel for instruction as to what, if any, proceedings are appropriate.
“It is open to Crown Counsel to instruct fatal accident inquiries or criminal proceedings where appropriate.
“As with any sudden death case the evidence in this case will be analysed carefully and all options will be considered.
“I should add that notwithstanding a decision on criminal proceedings I find it inconceivable that a Fatal Accident Inquiry will not be held given the public concern over this tragedy.”
Sir Stephen House, the former Chief Constable of Police Scotland, blamed a senior officer writing down details of the initial call on a so-called scribble pad for the communication breakdown.
The Courier revealed, though, that control room staff were given official guidance to log potentially critical incidents with pen and paper.
Coincidentally, that instruction was issued during the three days Mr Yuill and Ms Bell lay by the side of the road.
It has also emerged that frontline staff told the force’s watchdog the delayed response was “not an isolated incident” and senior officers at Police Scotland admitted at a high-level meeting more than six weeks before the tragedy the performance of control rooms was “in a critical condition”.
Both Mr Rennie and Lamara’s dad backed the position of the Lord Advocate.
Andrew Bell, 50, said: “Whoever takes over from him (Frank Mulholland) must see this through. Knowing the truth will come out makes our search for answers worthwhile. We hope that it will bring us closure.”
Mr Rennie added: “The Lord Advocate is absolutely right to say that there has been huge public concern over this tragedy and it is vital that the families of John Yuill and Lamara Bell get the answers they need.
“An FAI would ensure the facts of how this tragic incident unfolded are fully understood, and set out clearly the urgent steps we need to take to support police control room staff so this never happens again.
“It has been ten months since this tragic event and the PIRC inquiry has not even concluded yet. It’s vital it is concluded quickly and that the FAI follows on quickly too so we can understand he connection between the government’s centralisation programme and the tragic event last year.”