An inquiry’s long-awaited report into an Aberdeen man’s death in police custody will not be published tomorrow as promised, following an unexplained last-minute U-turn by the court service.
Warren Fenty, 20, died from a methadone overdose almost a decade ago, when his life was allowed to slip away while he was detained in a cell at Kittybrewster custody centre.
A Fatal Accident Inquiry (FAI) has since heard potential evidence that suggested a series of alleged failures by NHS Grampian and Police Scotland led to Warren’s passing.
But 3,746 days after the detainee died at the Aberdeen lock-up, the Scottish Courts and Tribunals Service (SCTS) has, for a third time, aborted its plans to publish the FAI’s findings.
‘I’m getting used to being let down’
Just two days ago the SCTS promised the family of Mr Fenty that it would finally be published this week.
The SCTS refused to explain the reasons behind the new delay affecting Sheriff Morag McLaughlin’s case and justice officials also failed to notify Warren’s grieving mum Sharon.
It was the Press and Journal that broke the devastating news to the bereaved 54-year-old, who broke down in tears upon learning of the latest delay.
“I knew this would happen,” she told The P&J, adding: “Nobody’s told me anything. I’m getting used to being let down by the court service”.
Report will be published ‘towards the middle of January’
After receiving an assurance from the SCTS, this newspaper reported on Tuesday that the long-overdue conclusions of the inquiry would be revealed on Friday January 5.
“I wasn’t going to believe it until I’d seen it but I hoped they would deliver on their promise to publish the determination on Friday. They’ve f****d me over again,” Sharon added.
This afternoon, the Judicial Office released a statement, claiming the determination will no longer be published tomorrow, but instead “towards the middle of January”.
“We now expect the sheriff’s determination in the FAI into the death of Warren Fenty to be published towards the middle of January,” a spokesman said.
“This inquiry has been subject to a number of delays and we understand the impact this may have on all those who are affected by these delays, and in particular the family of Warren Fenty.
“We apologise for this further delay in this complex case as publication has taken significantly longer than initially expected.”
‘They can’t be allowed to do this to people’
But Sharon, who is suffering from anxiety and depression, explained that she can’t wait for answers any longer.
“I’ve been patient for almost 10 years and now they’re saying I have to wait even longer,” she said. “They just keep letting me down. I don’t believe them anymore.
“It’s disgusting that they won’t explain what the delays are. Surely, I deserve some explanation. They can’t be allowed to do this to people.
“Do they know how hard it has been for me to live through the last 10 years, including this overdue inquiry about the end of my son’s life?
“They don’t care, but I bet they would care if this was about their own kids.”
When the long-overdue determination is eventually published, it’s expected to criticise a number of people and procedures, with various issues being highlighted by Sheriff McLaughlin.
Her probe concluded the hearing of all evidence back in February 2022 and the case was last called in May 2022 to discuss the final submissions.
The inquiry has become the longest-running ongoing FAI in Scottish legal history, leading to the Scottish Centre for Crime and Justice Research (SCCJR) branding the situation “deeply unjust”.
The SCCJR’s Professor Sarah Armstrong, a criminologist at the University of Glasgow, has again raised concerns about the process.
“After waiting patiently for almost a decade to find out why he died in police custody, the family of Warren Fenty is being told – with less than 24 hours’ notice – that the FAI report will be delayed yet again.
“The suffering of Warren’s family must be unimaginable.
“A last-minute delay suggests there are active discussions behind the scenes to agree a final version of the determination.
“On what issues, nobody knows, not least Warren’s family whose loss seems to be no one’s priority.
“Whatever the findings turn out to be, even if they bring some small justice, they cannot undo the harm inflicted day after day and year after year to the people who loved this young man, and whose only offence seemed to be a need of health support.
“The point of the FAI seems vanishingly small in light of examples such as this.”
Alarming evidence heard by the inquiry
At 7.04am on June 29 2014, Mr Fenty was discovered unresponsive in cell 28 at Kittybrewster custody centre, where he was later declared dead by paramedics at 7.25am.
He died in his sleep from methadone intoxication just hours after being locked up, following treatment for a drug overdose in the high-dependency unit at Aberdeen Royal Infirmary (ARI).
The day before, Mr Fenty had prematurely discharged himself from ARI – against doctors’ advice – and then police officers detained him in connection with potential drug offences.
He’d already received the intravenous drug Naloxone to counteract the effects of an overdose and, at the time of his detention, the young man was on suicide watch.
Police officers were required to visit the “high-risk” prisoner’s cell every 30 minutes.
But evidence heard during the FAI revealed that three checks weren’t made over a one hour and 45 minute period.
Other checks were “not of a satisfactory standard” according to Inspector Mark Flemming, a senior police officer who later reviewed the events leading up to the detainee’s passing.
In his evidence, the inspector noted that custody sergeants struggled with “having simply too much to do to be fully aware of any critical matters relating to prisoners”.
Insp Flemming also told Aberdeen Sheriff Court that there had been a “communication breakdown” between NHS Grampian and Police Scotland during the handover of Mr Fenty.
Sheriff McLaughlin heard there was a “significant gap” in information shared between those who came into contact with the deceased.
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