Case against fatal fire care home owners collapses A further attempt to prosecute the owners of a care home, where 14 elderly residents died in a fire, collapsed today.
Thomas Balmer, 61, Anne Balmer, 60, and their son Alan Balmer, 34, faced 17 charges over the fire at Rosepark Care Home in Uddingston in January 2004.
These included alleged health and safety breaches and alleged failure to implement and maintain an effective fire safety strategy at the home.
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The Appeal Court today ruled that the Crown cannot proceed with the indictment because the firm has been dissolved.
The firm Rosepark Care Home, which was run by Mr and Mrs Balmer and their son, was dissolved on February 28 2005.
The Crown Office said that they are considering a fresh indictment.
In their opinion, published today, appeal court judges said: "We conclude that the dissolved partnership does not have any continuing legal personality following dissolution and accordingly we consider that the indictment to which the petitions are directed is incompetent."
It follows the failure of an earlier attempt to prosecute the trio.
The Balmers had previously been due to stand trial over alleged safety breaches at Rosepark Care Home but a judge dismissed the charges over a legal technicality last year.
Prosecutors launched a legal challenge but the appeal court refused the Crown's appeal against the decision.
Solicitor-general Frank Mulholland, QC, said the Appeal Court's decision has brought an important clarification to Scots Law.
He said: "The decision has brought an end to the current indictment against Rosepark Care Home specifying that the firm was now dissolved.
"The prosecution of a dissolved partnership was previously unknown in Scots law.
"Today's decision of the Appeal Court has clarified the law in relation to the liability of a dissolved partnership for alleged crimes that occurred prior to it being dissolved.
"The Appeal Court has held that criminal liability does not rest with the former firm in its firm name."
Consideration is being given to a fresh indictment. Crown Counsel will study the judgement and give consideration to the best way forward.
He said: "Crown Office officials and the Procurator Fiscal have met the families to explain the judgement and the options open to the Crown.
"We are grateful to the families for their patience in this matter.
"As soon as a decision is taken we will advise the families of it."
The Rosepark fire was one of the worst tragedies in Scotland in recent years.
As well as the death of the 14 residents, several other people were injured when a fire broke out in a downstairs cupboard in the care home.
