No criminal charges for firefighter over death of Alison Hume

Published 26th Jul 2015

The Crown Office have confirmed no criminal charges are to be brought against firefighters over the death of Ayrshire lawyer, Alison Hume.

The 44-year-old mum of two died seven years ago today after falling down a disused mineshaft near her home at Galston.

While some individual firefighters wanted to go down the 50 foot hole to rescue her, they were prevented by senior officers on the grounds of health and safety.

Mrs Hume died after eight hours in the pit, suffering heart failure and hypothermia.

In 2013, the Crown Office said no prosecutions could take place over the botched rescue because the fire service had no legal obligation to save her. The pit, they said, was not “a structure” and carried no remit for rescue.

After the family of Mrs Hume asked the Crown Office to reconsider their decision, it has now been confirmed.

Her grieving parents have refused to accept this position and now hope to be granted legal aid for a judicial review in the Court of Session.

Their lawyer David Short explained:“We are arguing that there was a legal duty on Strathclyde Fire and Rescue Service to attempt to rescue Alison and they failed to carry out what was a statutory duty.

"The Crown are saying the fire service did not have a duty to rescue because a mine is not a structure. We’re saying a mine is a structure and therefore they had an obligation to rescue.”

He added:”I think there are reasonable grounds to proceed with a judicial review in this case. I strongly disagree with the Crown’s position.”