Police Scotland have been ordered to investigate whether the Scottish Prison Service should be prosecuted over the death of inmate Allan Marshall. CCTV footage at HMP Edinburgh showed the 30-year-old being dragged naked, feet first and face down across a corridor at the Edinburgh jail by 13 officers in March 2015.
The dad-of-two, who suffered multiple injuries, died four days later at Edinburgh Royal Infirmary while in an induced coma. Allan’s family, from Lanarkshire, believe the initial investigation into his death was bungled with a Fatal Accident Inquiry ruling that jail staff - who have been granted immunity from prosecution - were “mutually dishonest”. The FAI also ruled his death was "entirely preventable".
After a meeting with the Lord Advocate Dorothy Bain KC, the dead dad’s family have now welcomed the fresh probe but believe that the immunity not being revoked means ‘officers have a licence to kill’. 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 to the Saughton jail after appearing at Hamilton Sheriff Court on a breach of the peace charge due to unpaid fines. He was due to be released in five days' time when 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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