NOTHING BUT SILENCE
One inmate dragged to death by guards One key question over shocking prison tragedy One vital piece of overlooked evidence
The head of Scotland’s prison service has refused to say whether his staff told police they were holding a towel over Allan Marshall’s face in sickening CCTV footage.
The Sunday Mail revealed shocking evidence last week of the dad of two’s last conscious moments as he fought for his life while being pinned to the ground naked by five prison wardens.
But there was no mention of the towel in a Fatal Accident Inquiry (FAI) determination.
We asked Scottish Prison Service (SPS) chief executive Colin McConnell whether his management was aware of the use of the towel and whether its use was fully explained to police and prosecutors.
No response to the question was received.
His refusal to address the key issue was mirrored by Lord Advocate James Wolffe and Justice Secretary Humza Yousaf, who also refused to be drawn on what appears to have been a shocking oversight.
Mr Marshall’s brother Alistair has now demanded a review of the decision to grant immunity from prosecution to the prison guards involved in light of what he believes is clear new evidence.
He said: “The scale of the cover-up has been unbelievable.
“It is clear Allan had a towel held over his face as he was dragged out of that shower room, which would have been causing severe rest r ict ion to his breathing. It is just obvious that this could have been a huge factor in what caused his death after he had been badly beaten and held to the ground.
“I hadn’t spotted the towel in the CCTV initially, and it seems like nobody else had either because the SPS hasn’t been open about what was happening. We need to know whether or not the SPS officers involved made its use clear to pol ice and the Crown Office and their bosses.
“We need to know why it wasn’t mentioned in the FAI determination and we need to know whether its use was understood when the decision was taken to grant these people immunity from prosecution. We need to know how high up this cover-up goes because it clearly went higher than just the officers.
“Sheriff Liddle has done a good job with this, but he said himself that getting to the whole truth was all but impossible because of all the lies being told.”
The bus driver, 36, from Rutherglen, Glasgow, added: “It
is now obvious that there should have been prosecutions and it seems like there is clear evidence that hasn’t been considered.
“My brother is dead and people have lied again and again about what happened and that is blatantly obvious.”
In his FAI determination Sheriff Gordon Liddle castigated evidence given by staff at Saughton prison, Edinburgh, as “mutually and consistently dishonest”, while condemning the SPS for withholding and destroying crucial information.
He said the precise time Mr Marshall stopped breathing couldn’t be determined because “code blue recording” had been “destroyed by SPS”.
He told how chest compressions award en claimed were administered “did not happen”.
Addressing debrief notes that weren’t handed over, he said: “It is hard to understand why it did not occur to the SPS or its advisors that such a contemporaneous account would be relevant and helpful to the inquiry in establishing the truth.”
The SPS and the Scottish Government failed to block the Sunday Mail from publishing CCTV footage last week. We submitted questions to Mr Yousaf, Mr McConnell and Mr Wolffe.
We asked Wolffe if he was aware of the use of a towel when a decision was taken to grant immunity, whether he had any regrets or was considering further action.
He said: “Scotland’ s prosecutors are called on daily to consider serious matters of public concern. They take decisions in light of the relevant evidence, on the basis of the law, and in the interest of the community they serve.
“The integrity with which they fulfil their responsibilities ensures the law is administered without fear or favour. If the Crown has decided that a witness at an FAI will not be prosecuted, the Crown may advise them of that decision so they can give full, frank and candid evidence to the inquiry.
“This is only done if the Crown has decided there should not be a prosecution. It is done so the inquiry can rigorously investigate the circumstances of the death, without restriction, and make findings and recommendations which may help to make Scotland a safer place.”
A Crown Office and Procurator Fiscal Service spokesman added: “In reaching the decision that there should not be prosecution in relation to the death of Allan Marshal l, Crown Counsel considered all of the available evidence, including CCTV footage, post- mortem findings, medical background of the deceased and the opinion of an expert in restraint techniques.
“The Crown is aware of the matters of public interest arising from this FAI and is giving consideration to the sheriff’s determination.”
We asked Mr McConnell if SPS management was aware of the use of a towel and whether its use was ful ly explained to police and Crown Off ice, and whether the officer involved had been disciplined. We also asked whether he regretted the decision to attempt to interdict and whether he was considering his position.
He said: “The thoughts of everyone are, of course, with the Marshall family who have lost a loved one in these tragic circumstances.
“The SPS was only aware of the video footage being in the possession of the Sunday Mail on Saturday afternoon. The SPS initiated the court action as the employer of affected staff in order to preserve the position so that fuller consideration could be given–resulting in an undertaking not to publish the video for 72 hours.
“Having had the requested opportunity for further time for consideration, it was determined by us that no further action would be pursued. The cost of these actions is not yet available.
“This incident was subject to police inquiry at the time and a decision was taken independently of SPS not to pursue any charges.
“SPS will, of course, fully co-operate with any other review or actions deemed appropriate by Scottish Government.”
We asked Mr Yousaf whether he regretted the decision to pursue an interdict and the cost, whether he had viewed the video footage and whether he was aware of the use of a towel. A Scottish Government spokeswoman gave virtually the same answer as Mr McConnell.
She said: “The SPS initiated the court action as the employer of affected staff in order to preserve the position so that fuller consideration could be given – resulting in an undertaking not to publish the video for 72 hours. Having had the requested opportunity for further time for consideration, it was determined by SPS that no further action would be pursued.
“Decisions about who is prosecuted and who is not are taken by Lord Advocate, who is constitutionally accountable, acting independently of Government. It is not appropriate for ministers to comment on such decisions. The FAI determination is a matter for the sheriff.”
My brother is dead and people have lied again and again about what happened and that is blatantly obvious