THE deaths of two guests in a Highland hotel fire could have been avoided, according to a sheriff's findings yesterday following a fatal accident inquiry at Inverness Sheriff Court.

Sheriff Annella Cowan also criticised management at the Stakis-owned Four Seasons Hotel, in Aviemore, listing a catalogue of criticism over the blaze at the 88-bedroom hotel on the morning of January 1, 1995.

Strathblane businessman Graham Strachan, 64, was found dead on a smoke-filled fire escape, and disabled Patricia Shaw, 55, from Leeds, died from stress as she was being helped down a ladder by firefighters.

Some 200 guests, who had earlier been partying to bring in the New Year, fled into a blizzard from the flames and smoke.

Within minutes, choking smoke had penetrated to virtually every corner of the seven-storey building - including the fire escape where Mr Strachan's body was found.

It was later discovered that a rainwater pipe set into the fire escape wall during hotel extension work became a ``chimney'' allowing smoke to pour into the escape route.

Sheriff Cowan said she believed the fire was started by ``human intervention'' but there was no evidence for her to say if it was deliberate or accidental.

She accepted forensic evidence that the ground-floor window of a room had been smashed from outside and a flame was set to boxes of party poppers, Christmas hats, and decorations stored there.

Sheriff Cowan found that the deaths might have been avoided if smoke detectors were fitted in the storage room where the fire started, and if lift shafts, ceiling voids, and other points of smoke penetration had been sufficiently sealed.

She listed defects in the hotel's system of working that she found had contributed to the deaths, including senior management and reception staff not adequately trained to deal with fire; emergency procedures not adequate for efficient evacuation of guests; and safety checks on a fire escape exit door were not correctly carried out by night staff.

Sheriff Cowan also found that Mr Strachan's death might have been avoided if he had left the hotel at the first opportunity, and not returned to his room after checking what was happening in the foyer.

Glasgow solicitor Peter Watson, who represented the victims' families at the three-week hearing, said that he wholeheartedly agreed with the findings.

He said damages claims on behalf of both familes had already been lodged with Stakis, and he was awaiting its response in the light of the inquiry findings.

Mr Alan Moffat, 21, of Blackhill, Glasgow, was arrested and charged with murder after the fire, but last November was released on the order of the Crown Office. The case against Mr Moffat was said to have been put on hold.

The blaze caused #3m damage and the hotel was shut for seven months.

The inquiry was told that reception staff's first duty in the event of fire was to secure money in the safe before starting to contact guests, but during the court proceedings it was revealed that this instruction had been reversed.

There was also evidence that a fire escape exit door was found to be jammed closed and had to be hacked open by firefighters.

Mr Strachan's wife Catherine, 59, was rescued by sheer chance after a fireman fell down stairs in the smoke-filled fire escape and stumbled over her unconscious body. She later recovered in hospital.

Last night, Mrs Strachan said she hoped that her husband's death would not be in vain and would highlight the need for similar faults to be found and rectified in other hotels.

A Stakis spokesman said the company paid tribute to the efforts of staff in rescuing so many guests in what were extremely difficult circumstances, bearing in mind the time of year and the weather conditions.

He said: ``The company greatly regrets the loss of life during the fire, despite the staff's strenuous efforts. However, lessons have been learned and procedures have been stepped up, as has the incidence of training.''

The Crown Office said it could not comment on the case until it had seen Sheriff Cowan's findings. But Inverness fiscal depute Ron Phillips said: ``The case remains pending against Mr Moffat.''