Inquiry into tortured man's flat fall death is delayed

A fatal accident inquiry (FAI) after a tortured man fell to his death from a high-rise flat in Aberdeen has been delayed to avoid it having to be held remotely.

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.

The FAI was due to start in-person on 19 January, however a clash with another inquiry meant it was set to be changed to a virtual hearing.

Forbes' sister Lyndsay-Anne Forbes raised concerns, and a sheriff agreed that fresh dates should be found later in the year so it could held in the in-person format in court that was originally planned.

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

Witnesses had called 999 after hearing cries for help, but when police carried out door-to-door inquiries they were unable to trace where the pleas were coming from.

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

Police later discovered that the lock of the flat had been adjusted, meaning Forbes would have been unable to get out.

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

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

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

However, a remote preliminary hearing on Monday heard it would now have to be changed to a remote Webex hearing.

This was because the FAI into the Stonehaven train derailment in which three men died in 2020 will be taking up significant court building space at the same time.

Sheriff Andrew Miller said it was unfortunate the issue had arisen.

Alan Wickham, on behalf of the Forbes family, said his motion was to discharge the FAI and set new dates.

He said the victim's sister had expected an in-person inquiry where she could see witnesses give evidence in court, also adding it was in the public interest.

The sheriff said he recognised a delay could have an impact on the three police officers involved in the inquiry.

However, he noted the Crown did not object, and said that on balance he was satisfied it was appropriate to discharge the inquiry.

New dates will now be sought.