Joint inquiry into water activity deaths on track for March hearing

A joint fatal accident inquiry (FAI) into the deaths of a 12-year-old boy and a man who drowned during outdoor activities almost five years apart remains on track to be heard in March next year.

Kayden Walker, from Bridgeton, Glasgow, died after becoming trapped on the upstream side of a weir while on a day-trip with the Church House community group.

He was separated from his board during a river boarding session on the River Tay, near the village of Stanley in Perth and Kinross, on July 28 2019.

After being pulled from the water, he was airlifted to Ninewells Hospital in Dundee and was then transferred to the Royal Hospital for Children at Glasgow, where he died on July 29.

The FAI follows the prosecution of Outdoor Pursuits Scotland Ltd in October 2024 for a contravention of health and safety legislation which led to Kayden’s death. The company was fined £10,000.

Ruaridh Stevenson, 39, from Cupar, Fife, also drowned after trying to help a client who experienced difficulties in the waters flowing through Dollar Glen, Stirlingshire, on April 13 2024.

Mr Stevenson was a director of a company which offered “canyoning” experiences on Scottish rivers.

A preliminary hearing for the FAI took place at Falkirk Sheriff Court on Monday.

It heard that a report from an expert in Norway on matters of good practice in relation to canyoning and boarding, and on precautions that could have prevented the deaths, is “under construction”.

Procurator fiscal depute Catherine Fraser told the hearing Tim Davis, chief executive of outdoor activity company Troll Aktiv, is currently leading an expedition to Machu Picchu before heading to New Zealand and that his report will be completed after his return.

It is understood Mr Davis visited Dollar Glen in September to view the place where Mr Stevenson died, having previously prepared a report for Perth and Kinross Council in relation to the circumstances of Kayden Walker’s death.

Ms Fraser also told the court of two witnesses from the UK Canyoning Association that the Crown has added to its list for the FAI.

One is an instructor named Ben Case, who she said had been due to lead a training course at Dollar Glen the day before Mr Stevenson’s death but cancelled it due to “high water levels”.

The other is association director George Yates, who she said is drafting a report for the inquiry that will explain “the position around the regulation, or lack of regulation, of canyoning in the UK”.

Ms Fraser also told the inquiry the Crown had obtained photos and videos from Dollar Glen taken two days after Mr Stevenson’s death.

Church House, Outdoor Pursuits Scotland Ltd and National Trust for Scotland, landowner of Dollar Glen, will be represented at the inquiry.

Ms Fraser previously told the hearing that the FAI is expected to last around two weeks.

Sheriff Keith O’Mahony set a further preliminary hearing for February 16 2026 at Falkirk Sheriff Court and reiterated the date for the inquiry itself, which will start on March 16 at the same court.

He also ordered the Crown to produce a draft joint minute no later than four weeks in advance of the next hearing.

The families of Mr Stevenson and Kayden did not attend the preliminary hearing on Monday but are expected to be at the inquiry itself.

The purpose of an FAI includes determining the cause of death, the circumstances in which the death occurred and to establish what reasonable precautions could have been taken to minimise the risk of future deaths in similar circumstances.

Unlike criminal proceedings, FAIs are inquisitorial in nature and are used to establish facts rather than apportion blame.

Procurator fiscal Andy Shanks, who leads on fatalities investigations for the COPFS, previously said: “The Lord Advocate considers that the deaths of Ruaridh Stevenson and Kayden Walker occurred in similar circumstances, both deaths occurring while they were engaged in water-based outdoor activities.”