Death of man who plunged from high-rise flat after police given incorrect location 'could have been avoided'

The death of a man who plunged from an Aberdeen high-rise after being abducted and tortured could have been avoided if precautions had been taken by police officers, an inquiry has found.

Jamie Forbes fell from a 12th-floor flat window in Elphinstone Court after being abducted and held against his will for two days by Lee Smith.

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

Witnesses had called 999 after hearing cries for help and seeing a man with blood on his face at a window of a flat, but police conducting door-to-door inquiries were unable to trace the source of the pleas and left.

Mr Forbes’ body was found on the ground near the flat block on January 15.

Smith was convicted of culpable homicide and sentenced to eight years in prison in 2024.

A Fatal Accident Inquiry determination has made two recommendations, which the Sheriff said could “realistically” prevent other deaths in similar circumstances.

Sheriff Principal Miller ruled that the recording of information from a 999 call, follow-up contact with a key witness, communication between officers and supervisors, and acting on information that the shouting had come from higher floors of the building could have prevented the death.

Neighbours report calls for help to police

The inquiry heard that Mr Forbes was shouting for help by two other residents of the block just after 10am on January 15, prompting them to call 999.

Two police officers attended the scene at 10.22am in response to the calls, but found that the shouting had stopped. No further shouting was heard while the officers were on scene.

The officers spoke to several members of the public and visited the fifth to the eighth floors of the flat block.

The officers left to attend to other duties at 11am.

The police did not call one witness back to confirm where she heard the shouting coming from.

Mr Forbes fell from the bedroom window around 3.25pm and died from his injuries.

Officers given incorrect location from 999 call handler

Sheriff Miller determined that four precautions could have been taken to prevent Mr Forbes’ death and that a miscommunication was to blame for officers not finding him sooner.

According to his ruling, a Police Scotland service advisor could have accurately noted the information provided by a witness during a 999 call with regard to the location of the shouting she described.

She told police that Mr Forbes was “six floors down” or “like the fifth or sixth floor down from the top” of the flat block.

As Elphinstone Court is 18 floors, this correctly put Mr Forbes on the 12th floor.

However, the advisor recorded it as “around six to eight flats up”, leading officers to check floors five to eight.

A second precaution could have seen police contact the witness to confirm the information she provided before the officers left the scene.

The officers could also have acted on information from a group of workmen who said they had heard shouting from the upper floors of the building earlier in the morning.

The determination found no defects in any system of working that contributed to the death and stated that no police officer or member of police staff was responsible for Mr Forbes’ death.

The sheriff added that none of the members of the public who had the opportunity to call the police but did not do so are responsible for the death of Mr Forbes.

He added: “The purpose of these proceedings was to establish the circumstances surrounding the death of James Forbes, with a particular focus on the police response to information received from members of the public about Mr Forbes prior to his death, and to attempt to identify lessons which might prevent other deaths in similar circumstances in the future, by which I mean deaths which follow the receipt by the police of a concern for person report.

“I wish to join with all of the other participants in the inquiry in expressing the court’s condolences to Mr Forbes’s family, who have suffered the untimely loss of Mr Forbes in these most tragic and distressing circumstances.”

FAI recommendations

Sheriff Miller has recommended that Police Scotland introduce guidance for service advisors to minimise the scope for misrecording of information reported by phone by members of the public, including requiring them to repeat potentially sensitive information, such as the location of the incident, so the caller has the chance to correct any misunderstanding.

The sheriff also advised that guidance to clarify the circumstances in which an attempt should be made to contact a person who has reported concern for a person’s issue, to check and confirm the information reported, before bringing investigations to a close, should be introduced.

‘My brother didn’t deserve to suffer like that’

Reacting to the findings, Jamie’s sister, Lyndsay-Anne said: “It’s been 998 days since Jamie died and since then I have campaigned to get answers for him.

“He did everything you’re supposed to do, he called for help when he was in trouble and would have believed the police would help.

“I can’t bear to think how he felt when he realised no one was coming and he was alone.

“Hearing the evidence from the witnesses who tried to save Jamie when he was crying out for help broke my heart.

“My brother didn’t deserve to suffer like that. He was a kind and gentle man who loved his family.

“The recommendations show there needs to be changes made to how calls from the public are recorded and how police deal with those calls.

“This proves there is a need for ‘Jamie’s Law’, which would ensure officers called out to concerns for a person can’t leave until they find the person in distress.

“I will forever be traumatised by what happened to my big brother.

“I just hope the recommendations are taken seriously so no other person has to suffer like Jamie did.”

Richard Pitts, partner with Digby Brown’s non-accidental team, added: “What happened to Jamie was utterly horrendous, and I commend Lyndsay-Anne for her strength and resolve during her fight to uncover the truth of what happened and help protect others.

“The determination will now be considered in full, and we will continue to support Jamie’s family with their next steps.”

Andy Shanks, procurator fiscal for the Crown Office and Procurator Fiscal Service, said: “James Forbes’ tragic death occurred in circumstances giving rise to serious public concern and, as such, the Lord Advocate decided that a discretionary Fatal Accident Inquiry should be held.

“The sheriff’s determination identifies reasonable precautions which could have been taken and makes recommendations intended to help prevent deaths occurring in similar circumstances in future.

“The determination has been provided to Mr Forbes’ family, and our thoughts remain with them at this difficult time.”