Court Proceedings Open on Fatal Overboard Incident
A Fatal Accident Inquiry process has formally begun into the death of a Scottish fisherman who was pulled overboard while working at sea.
The Crown Office and Procurator Fiscal Service has lodged a First Notice to initiate court proceedings into the death of Hugh MacLachlan, a 58-year-old self-employed fisherman from the Isle of Luing.
Mr MacLachlan died on 13 December 2023 while operating his creel fishing vessel Nista. He was pulled overboard after his foot became trapped in a back rope during the deployment of fishing gear.
A preliminary hearing has been scheduled for 29 May 2026 at Oban Sheriff Court.
Inquiry to Examine Circumstances And Safety Measures
A Fatal Accident Inquiry (FAI) will seek to establish the cause of death, the circumstances surrounding the incident, and whether any reasonable precautions could have been taken to prevent it.
The process will also consider what measures could reduce the risk of similar incidents in the future.
Unlike criminal proceedings, FAIs are inquisitorial and are focused on establishing facts rather than assigning blame.
Procurator Fiscal Confirms Mandatory Inquiry
Procurator Fiscal Andy Shanks said the inquiry is required under law due to the circumstances of the incident.
“The death of Hugh MacLachlan occurred while in the course of his employment and as such a Fatal Accident Inquiry is mandatory,” he said.
“The lodging of the First Notice enables FAI proceedings to commence under the direction of the Sheriff.
“Mr Hugh MacLachlan’s family will continue to be kept informed of significant developments as court proceedings progress.”
Focus on Preventing Future Incidents
The inquiry will now proceed through the court process, with findings expected to focus on operational practices and potential safety improvements within the creel fishing sector.
Such inquiries have previously highlighted risks associated with rope entanglement and gear deployment, issues that continue to pose hazards to fishermen working on small vessels.
The outcome of the inquiry may contribute to further scrutiny of safety practices across the sector.
