Scottish Fire Service Faces Charges over Firefighter LODD

The Scottish Fire and Rescue Service is facing criminal charges in relation to the death of firefighter Ewan Williamson.

Ewan, 35, died in the Balmoral Bar on July 12, 2009, battling the flames on the lower floors as 20 people, including a baby, were rescued from the flats above.

An application to raise criminal proceedings against the fire service was granted at Edinburgh Sheriff Court yesterday.

The service is to be charged with breaching health and safety regulations in relation to the death of Ewan.

Last year, the Evening News told how his family - mum Linda and sisters Rachel and Rebecca - had offered to "freeze" a GBP700,000 damages claim against the Fire Service if the Crown Office decided to prosecute anyone over his death.

The family launched the legal action in a bid to push the Crown into deciding whether to prosecute or mount a fatal accident inquiry. It is understood the family is being kept updated on the recent developments.

On the eve of the third anniversary of the tragedy last year, Linda told the News: "Ewan's family and friends will be spending time together privately as we always do on this day. It is a special and sad day for us."

The fire service will face two charges, one of breaching section two of the Health and Safety at Work Act 1974 while the other relates to breaching regulation three of the Management of Health and Safety at Work Regulations 1999, which pertains to carrying out risk assessments at work.

Although Mr Williamson worked for Lothian and Borders Fire and Rescue Service, the charges will be brought against the new Scottish Fire and Rescue Service.

Lothians Labour MSP Sarah Boyack only recently urged the new head of the service, chief officer Alasdair Hay, to intervene and help resolve the long-running investigation.

Upon hearing of the Crown's decision to proceed with criminal charges, she said: "This has been a long time coming. I welcome the fact we now have confirmation from the Crown Office after four years of seeking answers for Ewan Williamson."

She added: "The whole fatal accident inquiries process needs speeded up; it's ridiculous that Ewan's colleagues have been putting their lives on the line over the past four years while no lessons have been learned from his death."

A Fire and Rescue Service spokeswoman said: "We have received intimation from The Crown Office Procurator Fiscal Service of legal proceedings. Due to the ongoing nature of the legal process we cannot comment further."

TIMELINE TO TRAGEDY

EWAN Williamson died tackling a fire in the Balmoral Bar on Dalry Road.

Wearing breathing apparatus, he was sent into the pub at 12.46am.

The crews were unable to fight the fire and returned outside to change breathing canisters before going back in. Mr Williamson failed to emerge following the second attempt.

His body was later found in a toilet.

The firefighter's family allege watch commander Tim Foley did not recognise a warning of a potentially very dangerous "backdraught" fire.

Although around 20 people were evacuated, Mr Williamson lost his life.

Firefighters from every force in the UK lined the streets of the city on July 22, 2009 as his body was driven through the city, before a special service attended by 650 servicemen and women was held in St Giles' Cathedral.

Copyright 2013 The Scotsman Publications Ltd.All Rights Reserved