'Woman's death could have been avoided'

Christina Fraser, 24, died of her injuries after the car in which she was a passenger was hit by the machine, which had broken free from the lorry transporting it. The accident happened in July 2006, as the lorry climbed a hill near the A9 Inverness to Scrabster road at the Tomich junction in Ross-shire. A seven-day fatal accident inquiry into the death was held before a sheriff in Tain and his findings have now been published. Ms Fraser, from Garstein, Arabella, near Tain, was making her way home from work when the accident happened. The driver of the car was injured. The digger was being transported from the premises of Umax, near Evanton, to a quarry at Kindeace owned by Munro & Sons (Highland), which had previously admitted, at a High Court hearing, to breaking health and safety laws in relation to the accident. Sheriff David Sutherland yesterday found that the digger's brake was not working properly and the chains used to restrain the load were "clearly inadequate" for the task. He heard evidence at the inquiry from an expert who said twice as many chains should have been used to hold the vehicle in place. The sheriff said: "On any view, the tragic death of Christina Fraser was an accident which could so easily have been avoided." The accident was caused by "insufficient chains, both in number and in strength, being used to restrain a load which was in excess of the weight allowed to be carried on the vehicle in question". He added: "The driver had not carried out any risk assessment prior to transportation. He had no knowledge of the weight of the load, and the chains used as restraint were clearly inadequate for the task in hand." Following the accident, the haulage company and lorry driver Walter MacLennan admitted breaching the Health and Safety at Work Act. In January last year, appeal judges increased the firm's fine of 3,750 to 30,000. Sheriff Sutherland said he found it "strange", in light of the guilty pleas tendered, that neither the company boss, William Munro, nor Mr MacLennan seemed to appreciate during the inquiry "that their failings might have contributed to the accident". The sheriff outlined a number of precautions which might have avoided the death. Among his recommendations was a suggestion that all heavy goods drivers be required to undergo compulsory training in loading techniques before being allowed to transport loads. He paid tribute to the "dignity" shown by Ms Fraser's parents, Hugh and Linda, during the inquiry. "They spoke of the dreadful loss suffered by the family and how difficult it has been to face life without her. "They spoke of their daughter as being a lovely, outgoing, friendly girl, who lived life to the full and whose loss was felt by so many who had encountered her during her short life."