Sister of man who fell to death after being tortured calls for new law

Lyndsay-Anne Forbes said she did not want brother Jamie's death to be in vain

The sister of a man who fell to his death from an Aberdeen high-rise after being tortured is calling for a new law to protect others.

Jamie Forbes, 37, was held against his will at a flat in Elphinstone Court for two days in January 2024 before plunging from a 12th floor window.

Witnesses had called 999 after hearing cries for help but when police carried out door-to-door inquiries they were unable to trace where the pleas were coming from.

Lyndsay-Anne Forbes said "Jamie's Law" would ensure police could not leave similar situations until they had found the person and made them safe.

She was speaking ahead of a preliminary hearing for a fatal accident inquiry (FAI) into the circumstances of her brother's death.

The FAI itself will now begin in January, the hearing was told on Tuesday morning.

Lee Smith, 37, was jailed for eight years last December after admitting culpable homicide.

Jamie Forbes died last year

At the High Court in Edinburgh last year Judge Lady Hood heard that the abuse inflicted on Mr Forbes was so bad that he had no other option but to jump out of the window.

Police later discovered that the lock of the flat had been adjusted, meaning Mr Forbes would have been unable to get out.

They found Smith washing up in his kitchen, and bloodstains throughout the flat. He had repeatedly struck his victim with a hammer and punched and kicked him during the attack.

Mr Forbes' sister said her older brother would have believed help would come, and disputes that he would have jumped.

Ms Forbes described her brother as a kind man who was "soft and gentle".

"Jamie would have thought someone was coming to save him, he had faith," she added.

She said he had been failed, and hoped the FAI would help her understand what happened.

"I'm haunted thinking about how scared he must have been in that flat," she said.

"I would give anything to not be in this position and to have my big brother back, he always tried to protect me as my big brother, now it's my turn to look out for him.

"I want there to be change or a new law put in place, called Jamie's Law, which will make sure no other family has to go through what I have gone through."

What could 'Jamie's Law' be?

"Jamie's Law is essentially what they should have been doing in the first place," Ms Forbes told BBC Scotland News.

"When [police] are called to an incident, of anybody hearing anybody scream, or anybody in distress, that unit cannot leave there until you find that person and make sure they are safe. That's how simple Jamie's Law is."

Ms Forbes added: "If it had been implemented and mandatory, they would have saved Jamie.

"He would have been alive today if they had found him. He would be traumatised, but we could have helped him with that.

"But he's not, he's dead - and I refuse to let him die for nothing."

The incident happened at flats in Elphinstone Court in Aberdeen

The fatal accident inquiry is expected to last about four days, Gavin Burton, for the Crown, told the remote preliminary hearing at Aberdeen Sheriff Court on Tuesday morning.

He said some witnesses would talk of procedures for how calls to the police get to officers on the ground, and what officers were then expected to do.

This would include what actually happened in the case in question.

Peter Watson, on behalf of three police officers involved, said the issue of possible anonymity - to avoid potential social media comment about the individuals - would be discussed at a later stage, and that it would ultimately be the court's decision.

Sheriff Andrew Miller said the FAI would take place on 19-20 January and 26-27 January, with a further preliminary hearing on 2 December.

Ahead of the hearing, Richard Pitts, of solicitors Digby Brown, said Mr Forbes was a vulnerable person who should have been helped by the emergency services.

"The purpose of the fatal accident inquiry is to find answers to the many questions Lyndsay-Anne has about her brother's death," he added.

"It's imperative we get these answers so lessons can be learned to ensure proper protections are put in place to stop this happening again."

A Police Scotland spokesperson said: "Our thoughts remain with the family of Jamie Forbes.

"Police Scotland will co-operate fully with the fatal accident inquiry into his death and carefully consider any findings or further actions."

A Scottish government spokesman said: "Our thoughts and deepest sympathies are with the family and friends of Jamie Forbes for their devastating loss.

"It will now be for the Crown Office and Procurator Fiscal Service to establish the full circumstances of the death, and for a sheriff, through the fatal accident inquiry, to consider what lessons may be learned."