Window safety to be further probed ahead of torture fall inquiry

The safety of a window that a tortured man fell out of in Aberdeen will be assessed by a specialist ahead of a fatal accident inquiry.

Jamie Forbes, 37, was held against his will at a flat in Elphinstone Court for two days in January 2024 before plunging from a 12th-floor window.

Witnesses had called 999 after hearing cries for help, however when police carried out door-to-door inquiries they were not able to trace where the pleas had come from.

The FAI is due to be held in May.

A preliminary hearing on Wednesday heard that an expert will be asked to further explore if the flat window complied with regulations, to help decide if it was an issue the inquiry should also look at.

Lee Smith, 37, was jailed for eight years in December 2024 after admitting culpable homicide.

At the High Court in Edinburgh, Lady Hood heard the abuse inflicted on Forbes was so bad that he had no other option but to jump from the window.

Police later discovered the lock of the flat had been adjusted, meaning Forbes would not have been able to get out.

They found Smith washing up in the kitchen, and bloodstains through the flat. He had repeatedly hit his victim with a hammer, and punched and kicked him during the attack.

Forbes' sister said her older brother would have believed help would arrive, and disputes that he jumped.

The preliminary FAI hearing was told that an expert has assessed photographic evidence of the window but had not inspected the room itself.

Gavin Burton, for the Crown, said he was not seeking to restrict the scope of the inquiry.

However he said the difficulty was the current expert report had no technical specifications, and that photos appeared to show the window did have an opening restriction measure on it.

Alan Wickham, on behalf of the Forbes family, agreed that there was currently no basis to widen the scope of the inquiry.

Sheriff Andrew Miller said it was important the inquiry considered all relevant issues.

However he said the window line of inquiry seemed "incomplete" at this stage, and that it would be "premature" to incorporate the potential issue in the inquiry at this stage.

He said it was appropriate to have a further hearing in April to enable the specialist to assess if the window complied with relevant health and safety standards and building regulations.

The inquiry had been due to be held in-person on 19-20 January and 26-27 January at Aberdeen Sheriff Court.

However, it had to be delayed because the FAI into the Stonehaven train derailment was taking up significant court building space at the same time.

It is now due to begin on 26 May.