Fatal accident inquiry to be held into death of gamekeeper driving all-terrain vehicle

A fatal accident inquiry is to be held into the death of a gamekeeper who died following an accident involving an all-terrain vehicle.

Matthew Burden, 36, was driving a Can-AM Traxter all-terrain vehicle along an unclassified road in Aberdeenshire on January 29 2022 when it crashed.

Mr Burden was taken to Aberdeen Royal Infirmary where he died on February 6 that year.

The Crown Office and Procurator Fiscal Service (COPFS) has now lodged a first notice to begin the court process for a fatal accident inquiry (FAI) into the death.

The mandatory FAI is expected to look at issues including the use of the seatbelt in the vehicle and health and safety advice for all-terrain vehicles.

Mr Burden was a gamekeeper at East Tillypronie Sporting Ltd, Tillypronie estate, in Aberdeenshire.

Procurator fiscal Andy Shanks, who leads on death investigations for COPFS, said: “The death of Matthew Burden occurred while in the course of his employment and, as such, a fatal accident inquiry is mandatory.

“The lodging of the first notice enables FAI proceedings to commence under the direction of the Sheriff.

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

COPFS said the inquiry is also expected to consider a fault and knowledge of the fault with the driver’s door, and company processes and procedures on maintenance and reporting faults.

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

The purpose of an FAI includes determining the cause of death, the circumstances in which the deaths occurred and establishing 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.

A preliminary hearing has been set for October 24 at Aberdeen Sheriff Court.