Davy Cornock says a legal loophole is blocking his family and hundreds of others from getting information and closure about relatives’ deaths
Davy Cornock, who is originally from Vale of Leven, says a legal loophole is blocking his family and hundreds of others from getting information and closure.
He was told his son David’s death in 2019 did not meet the threshold for a fatal accident inquiry, as he was living in Thailand when he died.
Figures show around 600 British people die abroad every year, with about ten per cent of their deaths treated as suspicious.
A number of Scots have died in recent years in other countries such as Spain, Portugal, and Australia.
However, not a single Fatal Accident Inquiry (FAI) has been carried out into the deaths of Scots abroad since the legislation was introduced in 2016.
Davy says he believes his son was murdered, but the death was ruled as a suicide by Thai authorities.
He has lodged a petition at Holyrood, saying the wording of the legislation in terms of “ordinarily residents” is a disqualification for many families.
He said: “I don’t have answers to give David’s son. He’s asking ‘what happened to my dad’.
“This government has been shambolic in Scotland. We’ve been at the First Minister, Justice Minister and Lord Advocate.”
First Minister John Swinney, Justice Minister Angela Constance and Scotland’s Lord Advocate Dororthy Bain KC.
Davy says those wishing to have their loved ones repatriated are not being supported as they would be in England.
He added: “After you repatriate, your chances of closure, justice and insurance are finished.
“We’re going to be stuck in unending limbo, with unending grief, and we are never going to have answers.
“Families are getting no support and also face financial consequences.”
The campaigners’ calls were heard at the Holyrood parliament in Edinburgh Wednesday.
However, Michael Marra, a senior Scottish Labour MSP, says the law has failed and is not delivering for Scots.
He said: “It doesn’t work and we need a new law to replace it.
“In England, they have coroner’s inquiries; between 200 and 400 deaths of English people abroad result in inquiries that are available to people.
“It gives people some answers they need. There could be an equivalent system in Scotland.
“What we have at the moment is not sustainable and it is not delivering anything for Scots.”
Dave Doogan, SNP MP, said: “If you do choose to live abroad, what protections can you expect from the government they have left behind?”
Mr Doogan said there was a difference in the wording about the matter in question and he was glad that the matter was being discussed and would eventually be resolved.
The Crown Office in Edinburgh says that because of this restriction it has limited jurisdiction to investigate deaths that occur outside Scotland, and any changes to the law would be a matter for the Scottish Parliament where the final decision would be made.