Fatal accident inquiry to be held into death of man struck by train in North Ayrshire

A Fatal Accident Inquiry (FAI) will examine the death of a man hit by a train in North Ayrshire.

Michael McCabe from Dalry died after being struck by a train in the late afternoon of December 15, 2021. 

A preliminary hearing into the 27-year-old’s death is scheduled for November 24 at Kilmarnock Sheriff Court.    

The purpose of an FAI includes determining the cause of death, the circumstances in which the death occurred, and to establish what reasonable precautions could have been taken 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 apportion blame. 

The Procurator Fiscal, who acts in the public interest, will provide detailed and comprehensive evidence to the Inquiry on the facts and circumstances of Mr McCabe’s death, with particular focus on the care and treatment provided by healthcare and social work services.

Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS, said: ”The death of Michael McCabe 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.  

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