A sheriff has found that the death of a man who fell from a flat in Aberdeen after being abducted could have been avoided. James Forbes died in January 2024 following a fall from a 12th-floor flat in Elphinstone Court. He had been abducted and held against his will in the property by Lee Charles Smith, who subjected him to repeated violence.
It is believed Mr Forbes jumped from a bedroom window in order to escape Smith, who was later convicted of culpable homicide. A fatal accident inquiry (FAI) examined the circumstances around Mr Forbes's death.
Precautions identified by sheriff
Sheriff Principal Andrew Miller noted four precautions which could have been taken with a realistic chance of avoiding the death of the 37-year-old. These included the recording of information from a 999 call, and follow-up contact with a key witness.
Two 999 calls were made on the day of the incident, after cries for help were heard from Elphinstone Court. Police attended the area but did not search the flat in which Mr Forbes was being held. Recommendations were made to improve guidance for police call-handlers.
Sheriff's determination and response
In his determination, Sheriff Principal Miller said: "I reiterate that no police officer or member of police personnel is responsible for the death of James Forbes. None of the members of the public who had the opportunity to call the police, but did not do so, is responsible for the death of Mr Forbes. Although the attribution of blame is not the function of a fatal accident inquiry, it is a matter of public record that Lee Charles Smith, by his plea of guilty to the culpable homicide of James Forbes, accepted criminal responsibility for the death of Mr Forbes."
Following publication of the determination, procurator fiscal Andy Shanks said: "James Forbes's 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's family, and our thoughts remain with them at this difficult time."
Assistant Chief Constable Phil Davison said: "Firstly, our sympathies remain with Jamie Forbes's family and friends. Lee Smith is currently serving a prison sentence for his actions which led to Jamie's death, and we hope this brings some comfort to Jamie's family. We are aware of the sheriff's determination and note the recommendations contained within. Work is already ongoing to review and enhance our processes relating to concern-for-person calls, both from a call-handling and response policing perspective."
