Court process begins for FAI into death of man who jumped from Aberdeen flat to escape torture

The court process has begun for a fatal accident inquiry into the death of a man who jumped from a 12th-floor flat to escape a “friend” who had spent two days torturing him.

Jamie Forbes died after jumping out of the window of a flat in Elphinstone Court, Aberdeen, after being abducted and held against his will by Lee Smith.

The 37-year-old was struck with a hammer and punched and kicked during the assault on January 14 and 15, 2024.

Mr Forbes’ body was discovered on January 15.

Lee Smith was given an eight-year jail term in December last year after pleading guilty to culpable homicide.

The Crown has lodged a First Notice to begin the court process for the inquiry. A preliminary hearing is set for October 7, 2025 at Glasgow Sheriff Court.

The purpose of a Fatal Accident Inquiry (FAI) includes determining the cause of death; the circumstances in which the deaths occurred, and to establish what, if any, reasonable precautions could have been taken, and could be implemented in the future, to minimise the risk of future deaths in similar circumstances.

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

This inquiry will explore the circumstances of Mr Forbes’ death, with particular focus on police decision making and actions prior to the death of Mr Forbes.

Procurator Fiscal Andy Shanks, who leads on death investigations for COPFS, said:  “The death of James Forbes occurred in circumstances giving rise to serious public concern and as such the Lord Advocate has decided that a discretionary Fatal Accident Inquiry should be held.     

“The lodging of the First Notice enables FAI proceedings to commence under the direction of the Sheriff.

“An FAI will allow a full public airing of the evidence of the procurator fiscal’s wider investigations with interested parties. The evidence will be tested in a public setting and be the subject of an independent judicial determination.    

“James’ family will continue to be kept informed of significant developments as court proceedings progress.”  

A spokesperson for Digby Brown, who are supporting the sister of Jamie Forbes, Lyndsay-Anne Forbes said: “Setting a date for a formal inquiry to fully examine the horrendous circumstances in which Jamie Forbes died is a welcome step.

“His family deserve answers to their many questions surrounding how and why this happened.

“Nothing will ever bring Jamie back, but we hope this will give the emergency services the opportunity to examine their response, so no other family has to go through this trauma.”