By Mark Mackay and Eric Nicolson

TAYSIDE POLICE have welcomed a sheriff’s findings into the death of a Perthshire man in police custody.

George McLellan (37), of Milnab Street, Crieff, died on Christmas Eve 2005 in his cell at Perth Police headquarters.

Tayside Police issued a statement in response to Sheriff Robert McCreadie’s written report, which followed a fatal accident inquiry.

The sheriff said, ultimately, Mr McLellan’s death had been caused by drugs and drink and there had been nothing about his physical condition to suggest what would happen.

However, he said the death could have been avoided and recommended changes to procedure.Mr McLellan was initially placed on 15-minute interval checks after being taken into custody, later changed to half-hourly, after he was classed as a “highly vulnerable” prisoner.

However, when a second officer took over the shift later that evening, Mr McLellan was put down as “non-vulnerable.”

At the inquiry, the officer admitted this was a mistake on his part, but said 30-minute checks were still to be made.

However, the change reduced the frequency of checks and also altered the nature of the checks, with no verbal response required from the prisoner.

“There is no doubt that Mr McLellan’s highly vulnerable status should have been retained,” Sheriff McCreadie said in his findings.

“It is of course impossible to conclude that this would have avoided Mr McLellan’s death.

“However, a procedure expressly requiring both officers to discuss and confirm the vulnerability status of each prisoner might have avoided his death.”

Sheriff McCreadie admitted to being “perturbed” that, despite the requested 30-minute checks, at one point Mr McLellan’s condition was checked just once within a 90-minute period.

At the time of the inquiry, Perth Sheriff Court heard the death had already led to changes in Tayside Police custody procedures.

Sheriff McCreadie commended efforts to update procedure and the training given to officers.

A force spokeswoman said, “Tayside Police is content that the determination of Sheriff McCreadie into the tragic death of George McLellan indicates that there are no defects in the systems of work in place for the care and monitoring of persons held in custody.

“It is acknowledged however that a number of recommendations for consideration by the force have been made by the sheriff and many of these have already been implemented following our own internal review following the incident.

“The remainder will now be considered as a matter of priority and any changes necessary implemented at the earliest juncture.”