Greenock care home death FAI delayed for second time

Robert McPaul, 70, died at Sir Gabriel Wood's Mariners' Home on Newark Street on March 30 in 2018 after choking on food which was not appropriate for his dietary requirements.

At the initial preliminary hearing back on July 19, Sheriff Sheena Fraser had continued matters in order to ‘establish precisely who is going to be involved’ in giving evidence.

A follow-up hearing has was held at Greenock Sheriff Court on Monday.

Several witnesses have now been identified, including staff from the home, however Sheriff Fraser says she is ‘concerned’ at the lack of information surrounding their availability.

She also noted that all parties involved would benefit from discussion around the use of written evidence.

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Sheriff Fraser said: “I don’t want dates fixed only to find they have to be changed or witnesses have to miss holidays or vital appointments.

“At the next hearing, I would expect parties to identify which witnesses will be giving evidence by way of affidavit, either in whole or in part.

“My hope and expectation will be that on that next occasion we are in a position to fix a hearing.”

The FAI aims to establish Mr McPaul’s cause of death, the circumstances in which it occurred and what reasonable precautions, if any, could have been taken.

Unlike criminal proceedings, the inquiry is inquisitorial and intends to establish facts rather than apportion blame.

There will be a particular focus on control and supervisory measures at the home in relation to dietary requirements during meals.

At the end of proceedings, Sheriff Fraser will issue a determination setting out details about the death and any defects in the system of work which contributed to it.

She may also make recommendations for practices going forward.

The preliminary hearing has been continued until September 25.