A fatal accident inquiry has been completed regarding the tragic death of three-year-old Xander Irvine in Edinburgh. The Crown Office and Procurator Fiscal Service expressed their approval of the Sheriff’s recommendations concerning driver licensing. Xander lost his life on June 30, 2020, at the Royal Hospital for Sick Children in Edinburgh after being hit by a Red Kia Picanto on Morningside Road. The driver, 91-year-old Edith Duncan, who has since passed away, veered onto the pavement and struck Xander and his mother while they were looking into a shop window. It was revealed that Ms. Duncan was suffering from cognitive mental impairment due to undiagnosed age-related dementia at the time of the tragic incident.
The fatal accident inquiry was initiated by the Lord Advocate due to the serious public concern surrounding Xander’s death. The purpose of the inquiry was to determine the circumstances of the incident and to explore possible measures to prevent similar tragedies from occurring in the future. Unlike a criminal trial, an inquiry aims to establish the facts of the case rather than assign blame. The Procurator Fiscal presented evidence on the details of Xander’s death, including testimonies from witnesses, information on Ms. Duncan’s medical condition, and the risks associated with failing to identify drivers with dementia and other impairments in the driver licensing system.
After the determination was made public, Procurator Fiscal Andy Shanks, responsible for overseeing fatalities investigations, expressed his condolences to the Irvine family for their heartbreaking loss. He acknowledged the Sheriff’s recommendations regarding the fitness-to-drive requirements for drivers over 70 and proposed changes to primary legislation. The Lord Advocate carefully reviewed the circumstances of the case and deemed it necessary to conduct a discretionary Fatal Accident Inquiry.
The Procurator Fiscal Service remains committed to supporting the Irvine family and addressing any inquiries they may have regarding the inquiry’s findings. The focus continues to be on providing assistance to the family during this challenging period. The tragic incident serves as a reminder of the importance of ensuring the safety of all individuals on the road, especially vulnerable pedestrians like Xander Irvine.
