Call for an FAI
This was an accident in which the State was implicated, and according to the Crown Office’ s own manual, plus guidance from Lord Cullen, mandated an Inquiry which engaged Article 2 of the European Convention on Human Rights. Such an inquiry calls for an independent and effective investigation which is open to a sufficient element of public scrutiny and appropriately involves the nearest relatives. In other words an FAI, but one was not called.
DV