No public inquiry into Allan’s death
The family of a man who died in police custody have spoken of their disappointment after a public inquiry into the matter was ruled out.
Allan Marshall died in Edinburgh Royal Infirmary in March 2015 after being restrained by prison officers during a lengthy struggle at the capital’s Saughton Prison.
In October, Scottish Labour’s justice spokeswoman Pauline McNeill wrote to Justice Secretary Keith Brown asking for the public inquiry after meeting with family members.
However, Mr Brown has now refused the request, claiming all issues of concern were addressed at a fatal accident inquiry (FAI) in 2018.
Allan’s aunt Sharon MacFadyen, from Rutherglen, told our sister title the Sunday Mail:“We are very disappointed with the response from Keith Brown as we believe there are questions over Allan’s death which only a public inquiry can answer.
“The investigation by the police at the time was not done properly. We are determined to get justice for Allan and I’m still hopeful of a public inquiry in the future.”
MSPs from all parties backed calls for a public inquiry into Allan’s death.
An FAI at Edinburgh Sheriff Court ruled his death was “entirely preventable” and prison officers were accused of failing to tell the whole truth about what happened.
Allan, 30, from Glasgow, ran his own recycling firm.
He was on remand and due for release. He died after spending three days in a coma.
Ms McNeill said: “There are a number of questions that remain unanswered. We need to get to the bottom of what happened to Allan Marshall.”
The Marshall family have also been told new Lord Advocate Dorothy Bain will meet them.
Last week a report commissioned by the Scottish Government said every death in prison custody should have an independent investigation completed within months of it happening.
At present families have to wait up to three years or more for an FAI.
A Scottish Government spokesman said:“A public inquiry may be considered appropriate when the Lord Advocate has identified issues of public interest and importance that would fall outside of a sheriff’s consideration and not be covered by an FAI. This has not been the case in the death of Mr Marshall so the decision, although not taken lightly, is that a public inquiry should not be held.”