MSP calls for full public inquiry into ‘flawed’ criminal prosecution of Rosepark care home owners

Apr 21 2011 by Alastair McNeill, Hamilton Advertiser

A LANARKSHIRE MSP insisted this week that a full public inquiry was required to examine why criminal proceedings had collapsed against the owners of the Rosepark Care Home.

The Fatal Accident Inquiry into the blaze which killed 14 elderly residents had been announced in May 2009 following the third failed attempt to prosecute the home’s owners, Thomas Balmer, his wife Anne and their son Alan.

Hamilton North and Bellshill MSP Michael McMahon had been critical of the Crown Office’s strategy following the failed attempts to prosecute the Balmers, describing it as flawed and a waste of taxpayers’ money.

“The version of events given by the procurator fiscal in Hamilton does not square with my experience of this situation, said McMahon.

“They have said a loophole prevented prosecution in this case but, if that is the case, why did they take this to court three times and fail?

“I believe the criminal prosecution was a waste of public money and a waste of the court’s time and the time of the families affected.

“I’m still concerned that no criminal charges have ever made their way to court in this case, and I think that only a full public inquiry can find out why criminal proceedings collapsed.”

The report findings issued this week follows the longest FAI in Scottish legal history.

The inquiry began in November 2009, and proceedings came to a close nine months later.

In total, 141 days of evidence were heard and 16 QCs, advocates and solicitors were involved in the inquiry, which took place in Motherwell’s Gospel Literature Outreach Centre.

Sheriff Principal Brian Lockhart, who presided over the inquiry, had described it as “exceptional” on account of its length and complexity.

Mr McMahon said lessons now had to be learned following Sheriff Principal Lockhart’s findings.

He said: “The sheriff makes it clear that if there had not been a delay in calling the Fire Service, if smoke dampers had been fitted and if better training for staff had been in place, then some of the victims of this fire might not have perished.

“We must ensure that any changes recommended by the Sheriff Principal are implemented to make certain similar mistakes are never repeated.”

A spokesman for the Balmers said this week: “Our legal team is studying the determination issued by Sheriff Principal Brian Lockhart. We have nothing further to add at present.”