The Crown Office has issued a statement concluding that there will be no further prosecutions relating to the death of 14 year old Kaylee McIntosh who died while taking part in a cadet training exercise in the Outer Hebrides in 2007.
An army major has this week been fined £5,000 for his part in the tragic death of the teenager from Fyvie. 52 year old Major George McCallum appeared at Inverness Sheriff Court where he pleaded guilty to charges under the Health and Safety at Work Act which carries no custodial sentence.
A spokesperson for the Crown Office issued the following statement:
"The death of Kaylee McIntosh was tragic and avoidable. It has been the subject of a full inquiry involving the Health and Safety Executive, the police and the Crown. The death has been the subject of a Fatal Accident Inquiry and the successful prosecution of Major McCallum for a breach of his Health and Safety responsibilities. The MOD is the subject of a censure issued by the Health and Safety Executive. Crown Counsel have concluded that on the available evidence there is insufficient evidence to prosecute any others involved in the death. Kaylee's parents have been advised of this decision."In response Thompsons Partner Glen Millar said:
‘’Crown Counsel may well have concluded that there is insufficient evidence to prosecute any others involved in Kaylee’s death. Setting aside that it is regrettable in the extreme that it has taken over five years to reach that view, Crown Counsel is in a minority of one when it comes to assessment of the evidence and is at odds in that respect with Sheriffs, Senior Counsel, Derek and Lesley McIntosh’s legal team at Thompsons as well as Derek and Lesley themselves. My instructions remain to write to the Lord Advocate and no doubt he will provide a fuller explanation of the position after which all options open to the family will be considered.’’