Inquiry into death of Liberton High pupil Keane to call on child witnesses

In a shock move at the end of The Crown evidence in the Fatal Accident Inquiry into the death of 12-year old Keane Wallis-Bennett, who died when a free-standing wall collapsed on top of her in the PE changing room of Liberton High School in April, 2014, Advocate Gavin Anderson, asked that children, who had given evidence to the police should be allowed to give evidence in court.

Mr Anderson, who is representing the parents of Keane, told Sheriff Principal Mhairi Stephen QC, sitting in Edinburgh Sheriff Court today (June 13) that there had been a change of position by the parents. "Their position was that they did not seek to lead evidence from any child or children who were pupils at Liberton HIgh School " he said, "but in the light of evidence led so far, I am instructed to ask the court to give me warrant to cite witnesses from a number of children who were present in the changing room on the morning of April 1,2014".

The advocate added that this move was necessary after the evidence of Mark Hatfield, the Specialist Inspector of the Health and Safety Executive, who was the final Crown witness. Mr Anderson said it was important to go beyond the statements given to the police after the accident and that information could only come from the children. "It is with a view to explain further, the events which might assist Mr Hatfield reach a further decision on what caused the wall to collapse". Mr Anderson said the parents found it difficult to accept that the wall collapse had been due to the application of lateral force.

There was no opposition by Fiscal Depute, Gary Aitken, or the other legal representatives and Sheriff Stephen agreed that the children could be called. Two are now expected to give evidence tomorrow (Wednesday 14th June).

Mr Hatfield had told the court that it was considered that the wall had cracked at some considerable time before the collapse, at least 10 months or probably years. He said that horizontal force could have been applied to the wall, which might have caused it to crack, at any time over its fifty years. Changing rooms, he said, were boisterous places and the changing rooms at the school had also been used by adults. To move the wall would require very substantial force. It had been mentioned that two 12-year old girls had been leaning on the wall while removing their shoes and socks, but it was extremely unlikely that had generated the amount of force necessary to destabilise the wall. "Far more substantial forces were needed for the wall to fall". Mr Hatfield said that hypothetically it would have required more than seven girls to be leaning against the wall to destabilise the wall or three or four girls "wall-walking" with their backs against one wall and their feet on the other and moving up the wall. "I am not able to definitely say what caused the wall to fall on April 1, 2014".

The Inquiry resumes tomorrow.