News Review: Should the truth be public, however ugly?

The law allowed authorities to close book on what seemed to be a suicide pact, but as facts pointed to murder, was this wrong, asks STEPHEN McGINTY

QUESTION: Is it in the public's interest to know if a death was a murder?

Until seven days ago Mandy Horne was believed to have been a willing participant in a "suicide pact". Severely disabled by multiple sclerosis, she and her husband, Richard, had moved from Edinburgh to Shetland, where they lived in a bungalow, close to her family. On the morning of 10 January, 2007 the couple were found dead, in what was quickly assumed and reported as a joint suicide brought on by her relentless decline and his unwillingness to be parted from the love of his life.

Under the pen-name Harry Horse, Mr Horne was a celebrated artist and children's author, the deaths received much media coverage and prompted a debate on the right to die. The truth, however, was far more grim.

As emerged for only the first time last Sunday, Richard Horne butchered his wife then killed himself as well as their pets. He stabbed her more than 30 times, after the first knife broke off inside her, he then fetched a second and continued as she attempted to fight him off, receiving defensive blows in the process. Despite the ferocity of the attack, Mr Horne was unable to strike a killing blow and so she bled to death. He then turned the knife on himself, cutting his arms, mutilating his genitals and inflicting 47 wounds before also bleeding to death.

The clues to the exact nature of the couple's demise were present, and reported. The house was sealed off for days, a forensic team was dispatched. The police reported that the deaths were "suspicious" but that they were not looking for anyone else. The story of an unbreakable love and of a couple fleeing into the darkness took flight and the authorities took no action to dispel it. And nor did the two families. The Scotsman interviewed two of Mr Horne's sisters, from whom he was estranged, and who made no mention of the circumstances. In fairness, they may not yet have known, although his mother was certainly told on 15 January when a police liaison officer visited the family home in Warwickshire.

Only in Scotland could the true facts of Mrs Horne's death be hidden from the public. While the parents of both were given detailed accounts of what occurred in the bungalow, the law as it currently stands allowed the authorities to quietly close the book. Had Mr Horne survived he would have been tried for murder. Had their bodies been found in England and Wales, a coroner's inquest would have been mandatory on account of the violent nature of their death. In Scotland, however, the only public forum to reveal the actual facts of the two deaths would have been within a fatal accident inquiry. Under the Fatal Accident and Sudden Deaths (Scotland) Act 1976, there are a number of circumstances in which a fatal accident inquiry must be held, these include any deaths in official custody or caused during employment. Unlike in England and Wales, a violent death does not automatically trigger an FAI, instead the procurator-fiscal has a power of discretion to decide whether or not an FAI is "within the public interest".

Duncan MacKenzie, the procurator-fiscal on the Shetland Islands, decided that an FAI into the murder of Mrs Horne and the suicide of Mr Horne was not in the public's interest. The final decision was made by the Crown counsel in July 2007 after first discussing the matter with both families. A spokeswoman for the Crown Office said yesterday: "In Scotland, if there is no FAI held into a death, that does not in any way mean that the circumstances of the death have not been fully investigated. In fact the procurator-fiscal has wide-ranging ability to conduct a full investigation into the circumstances of deaths and the nearest relatives are fully engaged in this process.

"Whether a fatal accident inquiry is ultimately instructed following a death, the nearest relatives are given the opportunity to be fully engaged in the investigative process. Nearest relatives are provided with the opportunity to meet with the procurator-fiscal to raise any concerns or issues that they may have regarding the circumstances of the death. This process can sometimes lead to additional investigation being undertaken by the procurator-fiscal to address such concerns."

On one level it is a sensitive decision many may applaud. The culprit was dead, the families aware of the full facts. The idea behind an FAI is to discover what lessons can be learned and the procurator-fiscal and Crown Office decided there were none. What could possibly be gained by opening these tragic, violent and criminal events to the public eye? There was no attempt at a cover-up, while the death certificates detailed the cause of death as "exsanguination" – bleeding to death – the crime statistics compiled by Northern Constabulary, published last autumn, recorded four murders, one of which was Mrs Horne. However, as all statistics are anonymous, her identity would only have been revealed if a journalist asked for details on each death, which no-one did.

Yet others are uneasy at the decision and questions have been raised. Ian Carmichael, a former procurator-fiscal who used to head the deaths unit in Glasgow, queried the decision by the Crown Office. Two of Mrs Horne's friends had visited the couple the night before and later said that Mr Horne was disturbed and had declared: "It's a wonderful night for a killing." Others reported that he had taken a cocktail of drugs and appeared demented. Mr Carmichael, the author of a legal textbook, Sudden Deaths and Fatal Accident Inquiries, said an FAI could have discovered what, if anything, could have been done to prevent the deaths. He said: "Was there perhaps a failure in a system of care which contributed to this tragedy – a question which might have been addressed in a fatal accident inquiry?"

Margaret Smith, the justice spokeswoman for the Liberal Democrats, believes an FAI should have been held. "If there has been an unlawful killing and in the absence of a criminal prosecution I believe a fatal accident inquiry would have been appropriate. The circumstances of her death should be made clear and public interest should transcend the interests of the family where somebody has been unlawfully killed."

The most striking difference between Scotland's FAI and the coroner's inquest is the latter's frequency. In Scotland each year there are between 50-70 FAIs, while in England and Wales there are roughly 28,000 coroner's inquests. However, the FAI, after 30 years service, is now the subject of a review by Lord Cullen, the former Lord President of the Court of Session, who, himself chaired public inquires in the Piper Alpha disaster and the Dunblane massacre. The review, which was ordered in March by Kenny MacAskill, the justice minister, will include consideration of the categories of mandatory and discretionary inquiries.

At the time Mr MacAskill said: "The legislation on fatal accident inquiries is now over 30 years old and the time is right for a review of how the system works."

After the report appeared last weekend, George Williamson, Mrs Horne's father, decided he wished the public to know how his daughter died. Yesterday, he said: "This was no living suicide pact. It was murder. Mandy had arranged to go with her mother Grace to the dentist the morning they were found. She wasn't planning on suicide."

So the question remains: Is it in the public's interest to know if a death was a murder? Yesterday The Scotsman asked the Crown Office for an answer. It failed to provide one.

Review welcome after 30 years of change
THE EXPERT'S INSIGHT

Catriona Stewart
Associate with solicitors Simpson & Marwick

IT SAYS much for the FAI process that the same regime is flexible enough to accommodate an inquiry into the death of a single worker and a situation on the scale of the Lockerbie disaster.

The process of considering whether the public interest is served by holding an FAI starts from the point of notification of the fiscal, who is informed of all sudden and suspicious deaths.

The current review being carried out by Lord Cullen is timely and welcome as the legislation is now more than 30 years old, during which time there have been significant changes in society and in the justice system.

One area that could be better reflected is the position of the deceased's family. Currently their interest plays no part in the statutory regime, although the fiscal will usually liaise with the family to make sure that they are not mere bystanders to the process. It might be said that that deserves statutory recognition.

Also, at present, there is no formal process for checking whether or not any recommendations from the sheriff are implemented or even considered. It would seem to be in the public interest that there be statutory provisions to enable that to be done.

The aim of the review is to ensure an effective and practical system of public inquiry into deaths fit for the 21st century. The outcome is awaited with interest.

Breaking through the wall of silence
THE INSIDER'S VIEW

Peter and Leni Gillman
Journalists

WHEN Harry's mother, Jo, revealed the hideous truth near the end of a day-long interview, we were aghast. Jo said she felt it was time for the truth to come out but there was a monumental row in her family who ended all contact with us.

In Shetland, it was hard at first to confirm Jo's account. We sensed a tight-knit community reluctant to part with its secrets. But the clue was in the death certificate we obtained in Lerwick, which referred to exsanguination – bleeding to death. Then two friends of the couple decided to speak out. We had crucial confirmation from Mandy's family, who wanted the details known.

In England, the nature of the deaths would have been disclosed at an inquest. We were aware of the vagaries of the fatal accident inquiry system, but felt there was clear discretion for the authorities to hold an inquiry under the "public interest" test.

However, we gathered they concluded this was outweighed by the potential distress to the families of having the gruesome details raked over. We have heard this week that Mandy's family is relieved the truth has emerged at last.

As journalists, we believe in disclosure and openness, even when the truth may be unpalatable. Yet we find it ironic it fell to us to reveal what the authorities withheld, particularly when there was a sizeable coterie in Shetland who knew what had really happened. If our investigation helps to reform the Fatal Accident Act, it would be a positive side effect.

IN QUOTES

"See you tomorrow"

– Mandy's last words to her mother

"It's a wonderful night for a killing"

– Richard Horne

"May this brave pair rest in peace. They have ended their life in a wonderful, beautiful way: together and as peacefully as possible"

– Message left on The Scotsman website after the deaths

"This has all the ingredients of a Romeo and Juliet type tragedy. A tragedy that she was inflicted with this horrible condition that was untreatable so felt compelled to end it this way"

– A friend quoted in January 2007

"At about quarter to ten this morning, police officers were called to a house in Burra Isle, where the bodies of a man and a woman were found. We are treating the death at the moment as suspicious and special assistance has been called from the mainland"

– Chief Inspector Malcolm Bell of Northern Constabulary

"In July 2007, following full and careful consideration of all of the facts, Crown Counsel instructed there was to be no fatal accident inquiry (FAI) in this case. In general, the decision whether to hold an FAI is made following a full and thorough investigation of the circumstances of the death. This includes consideration of what may be achieved in the public interest in the holding of an FAI"

– Crown Office spokesman

"This was no living suicide pact. It was murder. Mandy had arranged to go with her mother, Grace, to the dentist the morning that they were found. She wasn't planning on suicide"

– George Williamson

"The final expression of the great love story that was their life together"

– Daily Mail reporting the deaths

KEY WORDS

Exsanguination

The word "exsanguination" – the draining of blood – appears on the death certificates of both Richard and Mandy Horne as both bled to death as a result of the multiple stab wounds Horne inflicted on his wife then on himself.

Inquiry

To ask questions, often as part of an official investigation into the circumstances of an event or incident.

Fatal Accident Inquiry

A unique aspect of the Scottish legal system conducted when a fatal accident or incident has occurred. The legislation on which the inquiry is based is the Fatal Accident and Sudden Deaths (Scotland) Act 1976.

An FAI takes place before a sheriff, but the actual investigation is carried out by the procurator-fiscal. Between 50-70 FAIs are conducted each year.