Man Tortured and Killed After Police Misdirected to Wrong Floors

A man who was tortured in a high-rise flat and fell to his death did so after police were dispatched to the wrong floors due to a 999 call error, a sheriff has ruled. James Forbes, 37, was abducted and tortured by Lee Smith, also 37, in January 2024 before plunging from a 12th-floor flat window.

Sheriff Principal Andrew Miller, who led the Fatal Accident Inquiry (FAI), identified four areas where reasonable precautions could have been taken that might have prevented the tragedy. These concerned the recording of information from the emergency call, follow-up contact with a witness, communication among officers and supervisors, and acting on information that Mr. Forbes's pleas for help were coming from higher floors of the building.

The inquiry heard that a key witness informed a call-handler that the screams appeared to originate from approximately six floors below the top of the tower block. However, this information was reportedly recorded as being around six to eight floors from the bottom, leading officers to search the incorrect section of the building.

During the ordeal, Mr. Forbes was reportedly struck with a hammer, punched, and kicked. In a desperate attempt to escape his abuser, he fell from the window. Witnesses had repeatedly called 999 after hearing screams and seeing a man with blood on his face at the window of the property. One neighbor on the tenth floor reported hearing a man shouting, "Please help me."

Police officers who attended the building were unable to locate the source of the screams and subsequently left. Mr. Forbes later fell from the window. The 99-page determination noted that information provided to the 999 call-handler regarding the location of Mr. Forbes's screams was not accurately recorded. Furthermore, no attempt was made to recontact the 999 caller to verify the information provided.

The FAI also found that police failed to act on information from construction workers in the area at the time, who reported hearing screams from the upper floors of the building on the morning of Mr. Forbes's death. Sheriff Miller issued two recommendations to the Chief Constable, including improved guidance for call-handlers to minimize recording errors and new procedures for recontacting callers in concern-for-person incidents before closing inquiries.

Andy Shanks, Procurator Fiscal for the Crown Office and Procurator Fiscal Service, stated that the tragic death occurred under circumstances causing serious public concern, leading to the Lord Advocate's decision for a discretionary FAI. He added that the sheriff's determination identifies reasonable precautions and makes recommendations aimed at preventing similar deaths in the future.

Lee Smith pleaded guilty to culpable homicide and was sentenced to eight years imprisonment in December 2024. The court heard that upon police arrival at Smith's flat, it was found to be covered in bloodstains. The lock on the door had been reversed, preventing the victim from leaving. Smith, who has obsessive-compulsive disorder, was found cleaning in his kitchen.

James Forbes's sister, Lyndsay-Anne, has called for legal changes regarding how emergency services handle concern-for-person call-outs, advocating for "Jamie's Law" which would mandate officers to remain on scene until a person in distress is located. She expressed her anguish over her brother's final moments, stating, "I can’t bear to think how he felt when he realised no one was coming and he was alone."

Assistant Chief Constable Phil Davison acknowledged the sheriff's determination and recommendations, stating that work is underway to review and enhance processes for concern-for-person calls, encompassing both call-handling and response policing. Police Scotland was previously fined £100,000 in 2021 for health and safety failures related to the M9 tragedy, where a woman died after being left by the roadside for three days due to call-handling failures.