Lawyers consider whether paramotors from fatal crash needed in court for inquiry

Lawyers are considering whether paramotor equipment from a fatal mid-air collision needs to be shown in court at an inquiry into the death of a camera operator.

Dan Burton, 54, died after his paramotor was involved in a collision with one flown by his colleague Sacha Dench, known as the “human swan”, in the Highlands in September 2021.

At a preliminary hearing held virtually by Tain Sheriff Court on Wednesday, lawyers addressed the question of whether the paramotors and wings need to be brought to court for the fatal accident inquiry (FAI) which is due to take place on May 8 and 9.

Fiscal depute Jemma Eadie told the court the parts are currently held between three police stations, with the majority now stored in Inverness.

Peter Littlefair, representing Mr Burton’s widow Caroline, said it is not yet clear whether they will require the items in court for the FAI as it may depend upon an expert they have instructed.

He said: “We do have an expert who is instructed but it is at a very early stage – our position in relation to the flight data has not allowed a report to be completed.

“I anticipate that our expert will want to inspect the wings and paramotors as well so I think before I confirm that we need them in court, I think an inspection should take place and I will make progress with that shortly.”

He said a British Hang Gliding and Paragliding Association report raised questions about whether one of the motors was moving at the time of the incident, as well as issues about speed and control of the wing, which may be “relevant on inspection”.

Mr Littlefair added: “I will come back to the court about whether they are required in court or not so I can’t give any clear indication at this stage.”

Ms Dench was attempting a 3,000-mile round Britain by paramotor challenge to highlight climate change ahead of the Cop26 conference when the collision happened near Loch Na Gainmhich in Sutherland on September 18, 2021.

The Australian, who survived but suffered serious injuries, is known as the “human swan” for her adventures using a paramotor to follow swans migrating from Russia across Europe to the UK.

Victoria Anderson, representing Conservation Without Borders, which was founded by Ms Dench, said it is not clear whether the physical items will be needed in court.

She said she does not currently anticipate that those instructing her would require to have them there or have them independently examined, but it would be useful to know what issues the Crown considers are likely to be explored during the inquiry in relation to the physical evidence.

Sheriff Neil Wilson asked: “Regarding the physical productions, paramotor and wings, as I understand it your position is you would rather they were in court and weren’t needed than not in court and suddenly needed, would that be a fair analysis?”

Ms Anderson replied: “Certainly my Lord, but I do anticipate that we will be able to confirm that position in advance of 8 and 9 May.”

The court also heard from Ms Eadie that Police Scotland cyber crime analysis has recovered more than 4,000 photos and videos from digital devices such as GoPros and cameras recovered from the scene on the day of the accident.

These cover the day of the accident and those surrounding it and she said the Crown will need to look through them to ascertain what may be relevant to the inquiry.

Sheriff Wilson asked: “If there is a video clip or indeed stills from the immediate run up to the accident that resulted in the death of Dan Burton, self-evidently they will be required for the inquiry,” to which Ms Eadie agreed.

The court heard the Crown intends to call Mark Shaw, author of a BHPA report as a witness, as well as police officers and Ms Dench.

A further preliminary hearing will take place on April 24.

Sheriff Wilson said on that date he hopes there will be an update about whether the physical evidence is needed in court.