SCOTLAND'S top law officer has instructed the criminal prosecution of a private prison over allegations of failing to manage the medical care of an inmate with Covid-19 who died alone in his cell.
Calum Inglis, 34, was serving a short sentence in HMP Addiewell when he tested positive for Covid-19 on October 12, 2021.
He was asthmatic and unvaccinated, and died on October 24 that year in the West Lothian prison run by Sodexo on behalf of the Scottish Prison Service, after his health deteriorated.
During the 12-day period, he was not seen by a nurse, and reported being breathless and coughing up significant amounts of blood, it was claimed.
It is alleged that in the last four days of his life, he repeatedly requested medical attention via his cell intercom, to be promised by the prison officers that someone would see him in the morning, but nobody came.
On October 24 2021, he was found dead in his cell, and his death was described as “agonising” by his family’s solicitor, Aamer Anwar.
His family spent three-and-a-half years campaigning for an investigation into his death and participated in both the UK Covid-19 Inquiry and the Scottish Covid-19 Inquiry.
On Wednesday, it was announced that a prosecution of HMP Addiewell would take place, after a meeting between the Inglis family and Lord Advocate Dorothy Bain KC at the Crown Office in Edinburgh.
Following the meeting, Anwar said: “The family are grateful to the Lord Advocate for giving them hope of justice.
“Today she told them that she has instructed a criminal prosecution of Addiewell prison run by Sodexo Ltd and Lothian health board for their alleged failures to properly manage the medical care of Calum Inglis.
“Today is historic, as it will be the first prosecution of a private prison in Scotland, but also one of the first prosecutions relating to 6000 Covid deaths reported to the Crown Office, including 15 prison deaths.
“Calum was 34 when he contracted Covid as a prisoner at Addiewell prison in October 2021. He was diagnosed with Covid on October 12, 2021.
“On October 24 2021 he was found lying dead, after being left alone to suffer a slow and agonising death.
“Calum was a much-loved son and brother. His family hope that their love for him, the relentless campaign they have fought for him, will leave a lasting legacy.”
Inglis’s sister Frances Marr said: “It is the best news we could have hoped for.”
His father Alan Inglis said: “It has taken three-and-a-half years to be here. After the meeting with the Lord Advocate, it is apparent that the investigation was very thorough.
“It’s a reflection of that, they have all the information they need to go forward. For that we are grateful.”
He said participating in the inquiries had opened up “a roller-coaster of emotions” and served as a reminder of “Calum’s circumstances and the way he died”.
Speaking previously outside the Scottish Covid-19 Inquiry, Inglis described the situation as “barbaric”, and said: “Calum was unvaccinated and was asthmatic.
“Within the next 12 days Calum’s health would deteriorate rapidly. Throughout this entire period he was not seen by a nurse.
“He reported being breathless and coughing up significant amounts of blood. In the last four days of his life he repeatedly requested medical attention via his cell intercom, to be promised by the prison officers that someone would see him.
“On October 24 2021, two years today, my son was found unresponsive in his cell. He died alone, without help, without dignity.
“The Scottish Covid Inquiry must find out which protocols the prison were following at this time, protocols that would allow such barbaric behaviour to take place, and to examine the staff work culture within that prison where staff must have known how ill my son was, yet did nothing.
“I am looking for accountability and looking to this inquiry to deliver it.”
Bain said: “I understand the tragic loss felt by Calum’s family and their wish to know what happened to him and would like to thank them for meeting with me today to talk about the progress of the investigation.
“I am committed to ensuring that the facts and circumstances surrounding Calum’s death are thoroughly investigated by the relevant agencies, fully considered by COPFS and aired in the appropriate legal forum.
“The family and their legal representative will continue to be kept updated in accordance with their wishes.”
A spokesperson at HMP Addiewell said: “We understand that this continues to be a very difficult time for Mr Inglis’s family and our thoughts and condolences remain with them.
“It would be inappropriate to comment further at this stage, but I can confirm that we are continuing to work with all relevant authorities in advance of any future fatal accident inquiry.”
A Scottish Prison Service spokesperson said: “Our thoughts continue to be with the family and loved ones of Mr Inglis.
“The Scottish Prison Service is fully committed to working with the Scottish Covid Inquiry and supporting it’s important work.”
NHS Lothian has been contacted for comment.
