Calendar An icon of a desk calendar. Cancel An icon of a circle with a diagonal line across. Caret An icon of a block arrow pointing to the right. Email An icon of a paper envelope. Facebook An icon of the Facebook "f" mark. Google An icon of the Google "G" mark. Linked In An icon of the Linked In "in" mark. Logout An icon representing logout. Profile An icon that resembles human head and shoulders. Telephone An icon of a traditional telephone receiver. Tick An icon of a tick mark. Is Public An icon of a human eye and eyelashes. Is Not Public An icon of a human eye and eyelashes with a diagonal line through it. Pause Icon A two-lined pause icon for stopping interactions. Quote Mark A opening quote mark. Quote Mark A closing quote mark. Arrow An icon of an arrow. Folder An icon of a paper folder. Breaking An icon of an exclamation mark on a circular background. Camera An icon of a digital camera. Caret An icon of a caret arrow. Clock An icon of a clock face. Close An icon of the an X shape. Close Icon An icon used to represent where to interact to collapse or dismiss a component Comment An icon of a speech bubble. Comments An icon of a speech bubble, denoting user comments. Comments An icon of a speech bubble, denoting user comments. Ellipsis An icon of 3 horizontal dots. Envelope An icon of a paper envelope. Facebook An icon of a facebook f logo. Camera An icon of a digital camera. Home An icon of a house. Instagram An icon of the Instagram logo. LinkedIn An icon of the LinkedIn logo. Magnifying Glass An icon of a magnifying glass. Search Icon A magnifying glass icon that is used to represent the function of searching. Menu An icon of 3 horizontal lines. Hamburger Menu Icon An icon used to represent a collapsed menu. Next An icon of an arrow pointing to the right. Notice An explanation mark centred inside a circle. Previous An icon of an arrow pointing to the left. Rating An icon of a star. Tag An icon of a tag. Twitter An icon of the Twitter logo. Video Camera An icon of a video camera shape. Speech Bubble Icon A icon displaying a speech bubble WhatsApp An icon of the WhatsApp logo. Information An icon of an information logo. Plus A mathematical 'plus' symbol. Duration An icon indicating Time. Success Tick An icon of a green tick. Success Tick Timeout An icon of a greyed out success tick. Loading Spinner An icon of a loading spinner. Facebook Messenger An icon of the facebook messenger app logo. Facebook An icon of a facebook f logo. Facebook Messenger An icon of the Twitter app logo. LinkedIn An icon of the LinkedIn logo. WhatsApp Messenger An icon of the Whatsapp messenger app logo. Email An icon of an mail envelope. Copy link A decentered black square over a white square.

Montrose father of ‘murdered’ son says First Minister Humza Yousaf has ‘questions to answer’

As Michael Marra MSP raises tragic case at Holyrood, dad says Humza Yousaf must take responsibility for 'systematic failure' of law as he was justice secretary at time of son's death in 2019.

David Cornock, left, who was 'murdered' in 2019 with dad Davy. Image: Davy Cornock
David Cornock, left, who was 'murdered' in 2019 with dad Davy. Image: Davy Cornock

A Montrose father seeking justice for his son ‘murdered’ in Thailand has welcomed First Minister Humza Yousaf’s announcement he will look at the effectiveness of legislation designed to protect Scottish residents overseas.

However, Davy Cornock also believes Mr Yousaf has “questions to answer” about his own involvement in the “systematic failure” of the law as he was justice secretary when Davy’s 37-year-old son David died in mysterious circumstances in May 2019.

The Courier told last week how Davy and his wife Margaret remain in the dark about David’s death almost five years after the young engineer’s body was found in his own home by his wife Grecelle.

Davy Cornock and wife Margaret at home in Ferryden, Montrose. Davy has been continuing to push for an investigation into the unexplained death of his son, David, who died aged 37 in Thailand in 2019. Image: Mhairi Edwards/DC Thomson

It was eight days before a post-mortem examination was held, by which time the cause of death could not be established.

An “extremely unconvincing” report was published by Thai Police.

Davy, 63, of Ferryden, remains convinced his son was murdered – a claim backed by private investigations.

However, despite the Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Act coming into force in 2016 – legislation that was designed so that the Lord Advocate could hold fatal accident inquiries (FAIs) into the deaths of Scots abroad – an FAI was not carried out when David’s remains were repatriated to Scotland.

Confusion over definition of residency used by Scottish justice system

Extensive investigations by the still grieving father and his team have since revealed that zero FAIs into the deaths of Scots abroad have taken place since the law was passed in 2016.

The definition of residency used by the Scottish justice system appears to be at the heart of this failure.

Davy describes this as a “systematic failure” of the legislation and its enactment.

Under questioning from Dundee-based North East Scotland Labour MSP Michael Marra at First Minister’s Questions this week, the first minister again offered his “condolences and sympathies” to the family of David Cornock.

First Minister Humza Yousaf. Image: PA
First Minister Humza Yousaf. Image: PA

Stating that he agrees with the premise that Scots who lose loved ones abroad should be able to get the answers to the questions that they have, the first minister said: “I am more than happy of course to look at the legislation.

“Michael Marra is absolutely correct – it is the issue of residency in this particular case that is causing the issue.

“He does know of course that decisions around FAIs are not decisions for the government to take but for the independent Lord Advocate to take.

“But of course the legislation is our responsibility so I am happy to take a look at, to speak to the justice secretary on this matter, to consider further and will respond to Michael Marra in due course.”

Michael Marra MSP arranging meeting with Lord Advocate

Mr Marra told The Courier on Friday this was a “vital admission” from the first minister which opens the door to government action that can resolve the situation and help bring justice for hundreds of Scottish families.

Michael Marra MSP. Image: Supplied

He will now seek agreement on a route to resolve the issue in an upcoming meeting with the Lord Advocate, Dorothy Bain KC.

He said: “Since these laws were passed in Holyrood in 2016 it appears that not a single fatal accident inquiry has taken place after the death of a Scot abroad.

“The next step is to work with the Lord Advocate to understand why the laws have failed and how we can fix them.

“It seems that the technical definition of residency used by the Scottish justice system is preventing the families of Scots who have died abroad from getting answers.

“We will do this in an upcoming meeting with the Lord Advocate where I will be supporting my constituent Davy Cornock.”

Davy Cornock at home in Ferryden. Image: Mhairi Edwards/DC Thomson

With Foreign Office statistics confirming that around 500 UK nationals died overseas in 2022 alone, a significant portion of those deaths will have been Scots.

The number of Scots who have died overseas since 2016 will rank in the hundreds.

Mr Cornock said that for not one FAI to have taken place in that time, tells us the law is not working and families are being denied the answers they need.

He added: “I now hope our petition is heard and we get a fair hearing from the Lord Advocate and a meeting with Humza and the police chief.

“I also believe questions to answer for Humza himself who was justice minister when David died.”

Conversation