Eyewitnesses to give evidence at inquiry into death of cameraman on paramotor
Eyewitnesses will give evidence at an inquiry into the death of a camera operator following a mid-air paramotor collision.
Footage from GoPro cameras could also form part of the evidence discussed at the fatal accident inquiry (FAI) into the death of Dan Burton, which is due to begin on October 24 at Tain Sheriff Court.
Mr 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 the same court on Thursday, fiscal depute Jemma Eadie said the Crown expects to lead evidence from eyewitnesses on the first day of the FAI.
She said: “There were eyewitnesses in effect who had taken a series of photographs and had been just passers-by on a walk who had seen perhaps not the full scope of the collision and accident but can speak to the circumstances surrounding them.”
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 in using a paramotor to follow swans migrating from Russia across Europe to the UK.
Joanna Lumley had been due to present a documentary on the round Britain challenge.
Ms Eadie said the Crown hopes to obtain data contained on electronic devices which it would need to have analysed.
Mr Burton was known to sometimes use a body-worn GoPro camera, raising the possibility that there may be some footage immediately preceding the incident.
The lawyer said: “There were GoPro cameras which were possibly taking photographs and/or recording footage. The British Hang Gliding and Paragliding Association (BHPA) have the data from the GoPro devices.
“I don’t foresee any significant logistical difficulties with obtaining that data because most laptops will be able to open jpeg files.
“There are also flight recording GPS data devices.”
Ms Eadie told the hearing she would like to ask Mark Shaw, author of a BHPA report the Crown intends to refer to, about what was found on the electronic devices when he appears as a witness.
She said: “I’m advised that on occasion Mr Burton would sometimes record flights from a GoPro device that was body-worn in some way, and if there was any possibility of footage immediately preceding the incident then I think that would be absolutely crucial to put to Mr Shaw.”
The court heard it is not known how long it will take for the electronic data to be analysed, and whether it will be done in time for a second evidential hearing currently set to take place in late November.
Sheriff Neil Wilson set a further preliminary hearing for late September, at which point it may be decided to push back the November date if it is found the electronic data will not be available by then.
The hearing in October will take place in person though the parties involved are being asked whether they might wish the inquiry to be held in hybrid form with the option of watching remotely.
David Short, representing Mr Burton’s widow Caroline, said: “I will discuss with her whether in-person or if your Lordship would permit a hybrid. I think in-person is best.”
The sheriff said: “It’s best for practical reasons. It’s also best for the widow of the deceased because it feels like a proper hearing, a court hearing as opposed to an online Zoom meeting or Webex meeting or something. But that is my personal view.”
Victoria Anderson, representing Conservation Without Borders and Ms Dench, said her clients plan to attend in person, as far as she is presently advised.
