Inquiry to be held into prisoner death as Covid team investigates

A Fatal Accident Inquiry will be held into the death of a prisoner from HMP Addiewell.

Patrick McGrath Kelly, 55, died in St John’s Hospital in March 2021, while in legal custody.

His death was investigated by the Covid Deaths Investigation Team within the Crown Office.    

As he was in the care of the state at the time, an inquiry into the circumstances surrounding his death is mandatory under Scottish law.

A preliminary hearing has been scheduled for May 29 at Livingston Sheriff Court.

The purpose of an FAI is to determine the cause of death and the circumstances in which it occurred, as well as to identify any measures that could help prevent similar incidents in the future.

Unlike criminal proceedings, FAIs are inquisitorial in nature and are used to establish facts rather than to apportion blame. 

Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS, said:  “The death of Patrick Kelly occurred while 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 a sheriff.”