APPENDICES TO THE FATAL ACCIDENT INQUIRY FOR KRISTOPHER BATT [2010] ScotSC 127 (30 July 2010)

APPENDICES TO THE FATAL ACCIDENT INQUIRY FOR KRISTOPHER BATT [2010] ScotSC 127 (30 July 2010)

The sheriff found that it could not be established beyond reasonable doubt that Stuart Lewis deliberately lied or prevaricated in his evidence; any inaccuracies or evasions were not proven to be wilful. Even if contempt had been established, it was purged by subsequent truthful admissions, consistent with...

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Citation
[2010] ScotSC 127
Parties
Deceased: Kristoffer Batt; Representative of Deceased: Michelle Batt; Alleged Contemnor/witness: Stuart Lewis; Employer/interested Party: Tayside Police; Prosecutor: Crown (Procurator Fiscal); Witness/custody Care Assistant: Linda Peddie
Jurisdiction
Scotland
Judgment Date
30 July 2010
Procedural Posture
Fatal Accident Inquiry and Contempt of Court Reference / Post Inquiry Determination and Contempt Hearing
Outcome
No finding of contempt against Stuart Lewis; Fatal Accident Inquiry determination made as to circumstances of death.
Legal Topics
Death in Police Custody, Reasonable Precautions, Systemic Failures, Contempt of Court by Witness, Police Procedures, Data Protection and Information Management, Institutional Responsibility
Criminal Law Public Law Police Law Contempt of Court Coroners and Inquests Death in Police Custody Reasonable Precautions Systemic Failures +4 more

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Parties

Kristoffer Batt

Deceased

Michelle Batt

Representative of Deceased

Stuart Lewis

Alleged Contemnor/witness

Tayside Police

Employer/interested Party

Crown (Procurator Fiscal)

Prosecutor

Linda Peddie

Witness/custody Care Assistant

Procedural Posture

Fatal Accident Inquiry and Contempt of Court Reference / Post Inquiry Determination and Contempt Hearing

Legal Issues

  1. 1 Whether Stuart Lewis committed contempt of court by lying or prevaricating during evidence
  2. 2 What were the causes and circumstances of Kristoffer Batt's death in police custody
  3. 3 Whether reasonable precautions could have avoided the death

Ratio Decidendi

The sheriff found that it could not be established beyond reasonable doubt that Stuart Lewis deliberately lied or prevaricated in his evidence; any inaccuracies or evasions were not proven to be wilful. Even if contempt had been established, it was purged by subsequent truthful admissions, consistent with longstanding Scottish practice. Regarding the death of Kristoffer Batt, the inquiry determined that the cause of death was the adverse effects of heroin, and that reasonable precautions, particularly improved information retention and risk assessment systems, might have avoided the death. Systemic and institutional failures in police procedures and supervision were identified as relevant...

Court Disposition

No finding of contempt against Stuart Lewis; Fatal Accident Inquiry determination made as to circumstances of death.

Orders

  • No contempt finding; Stuart Lewis not held in contempt of court.
  • Determination under Section 6(1) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 as to time, place, cause of death, reasonable precautions, defects in systems, and relevant facts.