A grieving Aberdeen mum has spoken of her agony at having to wait almost nine years and counting for answers about why her son died in police custody.
Sharon Fenty, 53, has broken her silence to demand the findings of a Fatal Accident Inquiry (FAI) into her son Warren’s death be released immediately.
The 20-year-old, who had overdosed on drugs, lost his life inside Police Scotland’s brand-new flagship custody suite at Kittybrewster police station on June 29 2014.
Despite the FAI concluding in May last year, Sheriff Morag McLaughlin still hasn’t published her determination.
Miss Fenty, who described her son as “a lovely boy”, said: “It’s inhumane to make me wait like this. It’s horrible waiting. I shouldn’t be waiting. I feel angry, empty and lost.
“I don’t think they understand that there’s a parent who’s lost a child who wants answers as soon as possible – not years down the line.”
Parties involved in the inquiry, including Police Scotland, individual officers and NHS Grampian, were all asked for their final submissions at a hearing on May 9 last year.
‘Rubbing salt in the wounds’
But almost a year later, the Fenty family and their lawyer remain in the dark over the outcome of the inquiry.
John Adam, managing partner at Gray & Gray LLP – a firm of solicitors with offices in Ellon and Peterhead – said the ongoing case has caused “considerable angst” for his client, Warren’s mum.
“The delay in issuing the determination is rubbing salt in the wounds,” he said.
“I do not know why there has been such a delay, as the sheriff made it quite clear that she was keen to issue her determination as soon as possible after the final submissions hearing in May 2022.”
Timeline of inquiry
- June 29 2014: Warren Fenty is discovered dead in a cell at Kittybrewster police station’s brand-new custody suite.
- March 2020: The First Notice from the Crown intimating this matter was received at the Court.
- May 2021: Preliminary hearing in the FAI into the death of Warren Fenty.
- September 2021: Fatal Accident Inquiry begins.
- February 2022: Evidence to the inquiry concludes.
- May 2022: Hearing to discuss the final submissions to the sheriff.
- January 2023: Scottish Courts and Tribunals Service tells The Press and Journal “the determination in this case is due to be published at the end of this month”.
- April 2023: Publication of the determination remains outstanding.
Police reject claims of ‘chaotic’ custody suite
Before his death, Warren Fenty prematurely discharged himself from Aberdeen Royal Infirmary – against medical advice – after being treated for a methadone overdose.
He had been given the intravenous drug naloxone to reverse the life-threatening effects of the dangerous drug.
But Mr Fenty was then immediately arrested by police officers, who were investigating potential drugs offences, and he died in a cell just hours later.
Police Inspector Mark Flemming carried out a review of the events leading up to the detainee’s passing.
He told the inquiry that Mr Fenty may have survived if he was arrested today, following operational changes made since his death.
But the senior officer rejected claims that the police station was “chaotic” on the day of the incident.
Inspector Fleming agreed that the opening of Kittybrewster Police Station’s new custody centre did not get off to a good start in the week of Mr Fenty’s death.
The court heard alarms were ringing and couldn’t be switched off, certain keys were not working for doors, CCTV was not functioning properly and a fingerprint scanner was faulty.
Insp Fleming also told Aberdeen Sheriff Court that there was a “communication breakdown” between NHS Grampian and Police Scotland during the handover of Mr Fenty.
Sheriff McLaughlin heard that there was a “significant gap” in information shared between those who came into contact with Warren Fenty.
Evidence considered by the FAI revealed that Mr Fenty was a “high-risk” prisoner on suicide watch and required welfare checks every 30 minutes.
‘Why have I had to wait so long?’
But three checks were not carried out over a one hour and 45 minute period, and others were “not of a satisfactory standard”.
Medical expert Dr Michael O’Keefe – a former Strathclyde Police advisor on custody care, procedures and protocols – told the inquiry that Mr Fenty may have survived the drug overdose if his worsening condition was noticed sooner in police custody.
Speaking exclusively to The P&J, Miss Fenty asked: “Why have I had to wait so long to get answers about my son? I’ve been waiting years.
“He died on June 29 2014. I’ve been waiting since then. I can’t understand why it’s taken so long.
“I need the answers. I need to know what happened. I need to know what went on – why mistakes were made.
“I’m waiting for answers to try and understand what happened, but I don’t think I’m going to. There were too many mistakes. It wasn’t just one or two, there were heaps of mistakes.
“It affects my everyday life because I wake up in the morning thinking about Warren. I go to sleep thinking about him and wondering when we’re going to get answers to what happened to him.
‘I have this big hole’
Miss Fenty criticised the handling of her son’s FAI, claiming officials have treated her “like Warren’s not a person anymore”.
She added: “He’s a reference number. It’s just another FAI that they have to deal with.
“I haven’t come to terms with Warren’s death. I don’t think I’ll ever come to terms with losing my son.
“It hurts. My life’s not the same anymore. I have this big hole. It will never be filled. Never.
“The only reason I’m still around is that I’ve got two other sons and grandchildren.”
The case has attracted widespread interest and concern from experts who work in criminal justice circles.
Professor Sarah Armstrong from The Scottish Centre for Crime and Justice Research said the case is “deeply concerning” and “raises serious questions”.
She explained: “This is yet another example of how lengthy delays in the FAI system cause unnecessary suffering to bereaved families who are looking for answers as to why their loved one died in custody.
“We analysed more than 200 deaths in custody in Scotland over 15 years and found delays in the system were common, but to still be waiting more than 8 years after their death is deeply concerning.
“Having a transparent, thorough inquiry that takes the family’s feelings into consideration at all stages seems to be an exception rather than a rule and that needs to change.
“Article 2 of the European Convention on Human Rights requires an effective, timely investigation into deaths in custody.
“The fact that over 75% of such deaths take longer than a year to complete an investigation raises serious questions about the ability of the FAI to achieve compliance with a fundamental human right.”
‘The determination will be published shortly’
A Judicial Office spokesman said: “When publishing judgments or Fatal Accident Inquiry determinations, it is important that all necessary checks are made prior to their publication, in particular, as in this case, where the circumstances are complex and the death occurred a long time ago.
“While every attempt is made to do this in a timely manner, it can, on occasions take longer to ensure accuracy.
“The sheriff’s determination is nearing completion and will be published shortly.”
Police Scotland has doubled the number of personnel staffing custody teams on duty at Kittybrewster Police Station since Warren Fenty’s death, the inquiry has been told.
The court heard that the custody suite is also now supported by nurses working onsite round the clock.
And national guidance is available which details the necessary procedures when dealing with prisoners who have been administered Naloxone prior to custody.
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