Oban sheriff makes no recommendations in FAI into deaths of two pensioners after assaults

About this case:

• Citation:
  [2025] FAI 43
• Judgment:
  External link
• Court:
  Sheriff Court
• Judge:
  Sheriff Sheena M Fraser

A discretionary FAI was held concerning the deaths of Martyn Smith and John White as it appeared to the Lord Advocate that the circumstances had given rise to serious public concern. Both Mr Smith and Mr White died on 1 October 2018 as a result of being assaulted by Oscar Rancevs, a Latvian national who had the tenancy of the flat next to Mr Smith’s, with the Crown asking the sheriff to rule that steps should have been taken to ensure he continued to take medication after a discharge from hospital in October 2017.

The inquiry was conducted by Sheriff Sheena Fraser at Oban Sheriff Court. The Crown was represented by Ms Brown, procurator fiscal depute. Representations were also made on behalf of Mr Rancves, the Chief Constable of Police Scotland, NHS Highlands and Islands, and Jacqueline Beaton, a community psychiatric nurse who had seen Mr Rancevs.

Delusions of being God

At around 9:45am on 1 October 2018, Mr Rancevs was seen banging on the door of Mr Smith’s flat in Oban. When Mr Smith opened the door, Mr Rancevs assaulted him. Mr Smith, who resided at another flat in the same building, attempted to dial 999 but as he was doing so Mr Rancevs assaulted him, and he died from a heart attack while making the call. Mr Rancevs later appeared on indictment at the High Court of Justicary in Glasgow on four charges, but the Crown accepted pleas of not guilty on the basis that he was not criminally responsible for his conduct owing to his mental disorder.

Between 2006 and 2013, Mr Rancevs had five acute psychiatric admissions for psychosis. At his last review before moving to Scotland, he did not present with frank delusions but was able to admit that during his episodes he experienced mania together with delusions about being God. On 12 September 2017, he was detained in hospital under an Emergency Detention Certificate after experiencing delusions, and he was discharged on 23 October 2017 with prescribed medication and instructions to attend a GP surgery for depot injections.

Mr Rancevs failed to attend for his depot injections from 30 January 2018 onwards and stopped taking his prescribed medication. On the morning on 27 September, his mother and stepfather received texts from him saying he was moving clouds. His stepfather later telephoned Oban Police Office from Latvia, where they were on holiday, to inform the police of his concerns.

The Crown submitted that, on the basis of Mr Rancev’s history of non-compliance with medical regimes, including the evidence of CPN Beaton and other medical personnel, a finding should be made that a precaution that could have been taken would have been to ensure Mr Rancevs continued to take his medication. Representation for Mr Rancevs set out a number of criticisms of his care and treatment and submitted that immediate contact with him should have been made after his family alerted the police.

No evidential basis

In her determination, Sheriff Fraser said in evaluating the Crown’s proposed recommendation: “The Inquiry heard that [Mr Rancevs’] prescribed regime was altered at various times, with medications being added, medications being stopped and dosages of the various drugs being altered. It heard that sometimes his behaviour changed when the drugs were altered and that it was generally accepted that he should continue with his prescribed medication to manage his mania. However, the Inquiry also heard evidence that OR failed to take his medication on a number of occasions, sometimes for weeks or months on end, with no extreme manic behaviour as exhibited on 1 October 2018.”

She continued: “No medical evidence was led that would allow me to conclude what effect any particular type of medication he was required to take on 1 October 2018 would have had on OR and why taking that medication would have prevented OR’s behaviour that day and therefore prevented the deaths. I do not consider there is an evidential basis upon which I could make a recommendation that a reasonable precaution would have been for him to take any particular medication.”

Noting that the Crown had already accepted Mr Rancevs was not criminally responsible for the deaths in the High Court, Sheriff Fraser added: “The Crown accepted that he was unable at the time of the conduct, by reason of mental disorder, to appreciate the nature or wrongfulness of the conduct. Conduct at the time of the deaths necessarily includes the decision not to take his medication. The failure to take his medication in the months prior to that date does not fall to be considered, as he had in the past not taken his medication without exhibiting such violent behaviour.”

She concluded on the submissions made on his behalf: “I heard no evidence that would allow me to find that the deaths might realistically have been avoided by a reasonable precaution. I do not consider the criticism of the decision to discharge OR without seeking a Compulsory Treatment Order in October 2017, amounts to a reasonable precaution under this subsection. Even if it had, there was no evidence that would allow me to conclude that this would have prevented the deaths a year later.”

Sheriff Fraser therefore did not consider it appropriate to make any recommendations and concluded the inquiry by offering condolences to the families of Mr Smith and Mr White.