The court process for a joint Fatal Accident Inquiry (FAI) following the death of two men is set to begin.

The Crown Office and Procurator Fiscal Service (COPFS) has lodged the First Notices with the Sheriff Court to begin the court process for a conjoined FAI into the deaths of David Donnelly and Robert Thomson.

83-year-old Donnelly died at Hairmyres Hospital on January 14, 1999, while Thomson, 99, died at the hospital on March 2, 2021.

Both men were residents at Lornebank Care Home in Hamilton.

A preliminary hearing will take place on July 19 at Hamilton Sheriff Court.

The COPFS say 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 occurring in similar situations.

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

This inquiry will explore the circumstances of both deaths, with an anticipated focus on missed opportunities in the care and treatment of Donnelly and Thomson and the policies, guidance and systems at Lornebank Care Home. 

Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS said:    “The Lord Advocate considers that the deaths of David Donnelly and Robert Thomson occurred in circumstances giving rise to significant public concern and as such a joint discretionary Fatal Accident Inquiry will be held.  

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

“The families will continue to be kept informed of significant developments as court proceedings progress.”