Written Question · S2W-24144 · Session 2
When the Lord Advocate will announce his decision on whether there should be a Fatal Accident Inquiry into the deaths of Rory Blackhall and…
The question
To ask the Scottish Executive when the Lord Advocate will announce his decision on whether there should be a Fatal Accident Inquiry into the deaths of Rory Blackhall and Simon Harris.
The answer
Following receipt of a report on the afternoon of 18 August 2005 that 11 year-old Rory Blackhall had, unbeknown to his family, failed to attend Meldrum Primary School that morning, Lothian and Borders Police immediately launched an investigation into his disappearance.
Tragically for the Blackhall family, following an extensive search involving large numbers of police officers, volunteer search and rescue agencies, and members of the local community, Rory’s body was found on 21 August 2005 in a wooded area to the rear of Woodlands Park, Livingston. The police investigation into his disappearance was immediately converted into a full-scale murder enquiry.
Over the course of the following week, a team of experienced police officers and forensic experts worked together to engather all of the available evidence. Their investigations led the police to identify Simon Harris as a potential suspect and, on 28 August 2005, officers forced entry to his home at Camps Rigg in Livingston. On searching within the house, the police found Simon Harris’ body. It was clear that he had taken his own life.
There was considerable speculation at the time about the circumstances of Rory’s death, much of which was unhelpful to the on-going inquiry, and some of which was upsetting for the Blackhall family, who have remained in touch with the Procurator Fiscal at Linlithgow throughout the subsequent inquiry. Out of respect for them, I do not intend to provide details of the evidence that was engathered by Lothian and Borders Police in the course of their investigation into Rory’s death save that, based on all the available evidence, it can be said with some certainty that Rory was killed shortly after his disappearance on the morning of 18 August 2005 and that he died as a result of being asphyxiated.
I am, also able to confirm that had Simon Harris been found alive, the available evidence would have been sufficient to charge him with Rory Blackhall’s murder. There is no evidence to implicate any other person in any way with Rory’s disappearance or his death.
This tragic death shocked and saddened the local community in Livingston, and the people of Scotland as a whole. Understandably, there was a desire to find out what had happened, and to have some reassurance that, where possible, steps would be taken to try to avoid a similar tragedy in the future.
A number of particular concerns have been raised, all of which have now been the subject of careful consideration by me, in the context of assessing whether there would be any benefit to be derived from further investigation or the holding of a Fatal Accident Inquiry.
Bail
Concern was expressed over the fact that Simon Harris was on bail at the time of Rory’s murder. Simon Harris had appeared on petition at Linlithgow Sheriff Court on 28 February 2005, in relation to charges of assault and lewd and libidinous behaviour towards three girls. These charges arose out of complaints of historical abuse, alleged to have occurred between 1983 and 2000. Simon Harris was released on the standard conditions of bail together with a special condition that he should have no contact with the complainers.
In deciding whether to oppose bail, the Procurator Fiscal must consider a number of factors. These include whether the accused is already on bail at the time of the commission of the alleged offence, or has a record of relevant previous convictions and whether there is any evidence that the accused will abscond, re-offend, or interfere with witnesses.
In the case of Simon Harris, the Procurator Fiscal had no basis upon which to oppose Simon Harris’ bail and seek his remand in custody. It was, however, appropriate to seek a special condition of bail and that was done.
This decision, which I believe was the correct one in the circumstances, was taken after careful assess
Tragically for the Blackhall family, following an extensive search involving large numbers of police officers, volunteer search and rescue agencies, and members of the local community, Rory’s body was found on 21 August 2005 in a wooded area to the rear of Woodlands Park, Livingston. The police investigation into his disappearance was immediately converted into a full-scale murder enquiry.
Over the course of the following week, a team of experienced police officers and forensic experts worked together to engather all of the available evidence. Their investigations led the police to identify Simon Harris as a potential suspect and, on 28 August 2005, officers forced entry to his home at Camps Rigg in Livingston. On searching within the house, the police found Simon Harris’ body. It was clear that he had taken his own life.
There was considerable speculation at the time about the circumstances of Rory’s death, much of which was unhelpful to the on-going inquiry, and some of which was upsetting for the Blackhall family, who have remained in touch with the Procurator Fiscal at Linlithgow throughout the subsequent inquiry. Out of respect for them, I do not intend to provide details of the evidence that was engathered by Lothian and Borders Police in the course of their investigation into Rory’s death save that, based on all the available evidence, it can be said with some certainty that Rory was killed shortly after his disappearance on the morning of 18 August 2005 and that he died as a result of being asphyxiated.
I am, also able to confirm that had Simon Harris been found alive, the available evidence would have been sufficient to charge him with Rory Blackhall’s murder. There is no evidence to implicate any other person in any way with Rory’s disappearance or his death.
This tragic death shocked and saddened the local community in Livingston, and the people of Scotland as a whole. Understandably, there was a desire to find out what had happened, and to have some reassurance that, where possible, steps would be taken to try to avoid a similar tragedy in the future.
A number of particular concerns have been raised, all of which have now been the subject of careful consideration by me, in the context of assessing whether there would be any benefit to be derived from further investigation or the holding of a Fatal Accident Inquiry.
Bail
Concern was expressed over the fact that Simon Harris was on bail at the time of Rory’s murder. Simon Harris had appeared on petition at Linlithgow Sheriff Court on 28 February 2005, in relation to charges of assault and lewd and libidinous behaviour towards three girls. These charges arose out of complaints of historical abuse, alleged to have occurred between 1983 and 2000. Simon Harris was released on the standard conditions of bail together with a special condition that he should have no contact with the complainers.
In deciding whether to oppose bail, the Procurator Fiscal must consider a number of factors. These include whether the accused is already on bail at the time of the commission of the alleged offence, or has a record of relevant previous convictions and whether there is any evidence that the accused will abscond, re-offend, or interfere with witnesses.
In the case of Simon Harris, the Procurator Fiscal had no basis upon which to oppose Simon Harris’ bail and seek his remand in custody. It was, however, appropriate to seek a special condition of bail and that was done.
This decision, which I believe was the correct one in the circumstances, was taken after careful assess
In the Official Report
No contribution in the Official Report cites S2W-24144 by reference.