The Scottish Prison Service is facing being investigated by Police Scotland who will determine whether the organisation should be prosecuted following the death of Allan Marshall.
In March 2015, CCTV cameras captured the 30-year-old inmate being dragged naked, feet first and face down through a HMP Edinburgh corridor by 13 officers. The father-of-two, was understood to have suffered various injuries and died four days after the incident at Edinburgh’s Royal infirmary while in an induced coma.
Allan’s family, who live in Lanarkshire, say that they are unhappy with the way the original investigation into his death was carried out. They feel it was mishandled with a Fatal Accident Inquiry ruling that prison employees - who have been granted immunity from prosecution - were “mutually dishonest”.
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The FAI had also found that the death could have been avoided. Following a meeting with the Lord Advocate Dorothy Bain KC, the deceased dad’s family members have not welcomed a new proof but have added that the failure to remove the immunity has given ‘officers a licence to kill', the Daily Record reports.
In a statement, they said: “A year ago we met with the Lord Advocate and asked her to review Allan’s case. They reviewed everything and took new interviews/statements from witnesses to the violent restraint on 24 March 2015.
“We as a family have always believed that the investigation into Allan’s death was a sham, mishandled by police and Crown from the very beginning. Nearly eight years on, the Lord Advocate now agrees with us.
“However, she has also told us it’s not legally possible to prosecute any individual officers for any part in Allan’s death because they were all given immunity before the FAI. This is extremely disappointing and we say that this gives officers a licence to kill.
“The Crown Office and Procurator Fiscal Service is continuing its investigation and instructed Police Scotland to formally investigate corporate responsibility of the Scottish Prison Service for Allan's death, including consideration of corporate homicide. We are grateful for the action but it shouldn't have taken eight years.
“No other person should die like he did and no family should go through what we have. We will continue to demand justice for the loss of Allan who was a much loved member of our family and dear nephew, brother and father.”
Allan was remanded at the Saughton jail after appearing at Hamilton Sheriff Court on a breach of the peace charge relating to unpaid fines. Tragically he was set be released five days’ after he was forcibly restrained.
Lord Advocate Dorothy Bain KC said: “I am grateful for the meeting with Allan Marshall’s family and for the opportunity to update them personally on further enquiries I instructed. I have the utmost respect for their desire to have answers for their questions about Allan’s death.
“I accept that some aspects of the initial case work fell short of what they were entitled to expect. Since Allan’s death, the way in which custody death cases are handled by the Procurator Fiscal has been reviewed and transformed.
“I am confident that new structures and processes in place will ensure that all death in custody cases are undertaken rigorously, respectfully and compassionately.”
The Scottish Prison Service said: "Our thoughts remain with Mr Marshall's family. We will fully cooperate with any investigation undertaken by Police Scotland."
A Police Scotland spokesperson added: "We have received instruction from the lord advocate to investigate possible corporate responsibility by the Scottish Prison Service. We are not able to comment further at this time due to the live nature of this investigation."
A spokesperson for the Crown Office and Procurator Fiscal added: “A previous decision not to prosecute individual prison officers cannot be reversed. The Lord Advocate has instructed that Police Scotland should investigate possible corporate responsibility by the Scottish Prison Service.
“COPFS has learned lessons from this case and has created a dedicated team to investigate deaths in custody. The new team brings together specialisms across homicide, sudden fatality, and health and safety investigations.”
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