A Fatal Accident Inquiry (FAI) into the death of a man in custody at Crosshouse Hospital is set to begin next year.
Andrew Whiteford, 38, died at the hospital on 31 May 2022 while in legal custody and in the care of the state.
The Crown Office and Procurator Fiscal Service (COPFS) has lodged a First Notice to begin the court process for and a Preliminary Hearing is due to take place on January 29 at Kilmarnock Sheriff Court.
Whiteford was jailed indefinitely in 2015 following a string of armed robberies and prison stints.
COPFS is obliged to investigate deaths in custody and an FAI is mandatory.
The purpose of an FAI includes determining the cause of death; the circumstances in which the death occurred, and to establish what, if any, reasonable precautions could have been taken, and could be implemented in the future, to minimise the risk of future deaths in similar circumstances.
Unlike criminal proceedings, FAIs are inquisitorial in nature, and are used to establish facts rather than to apportion blame.
Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS, said: “The Lord Advocate considers that the death of Andrew Whiteford occurred while in legal custody and as such a Fatal Accident Inquiry is mandatory.
“The lodging of the First Notice enables FAI proceedings to commence under the direction of the Sheriff.”
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