LEFT IN LIMBO
The family of Allan Marshall say they have heard nothing in the year since the publication of a damning report into his death in prison prompted official promises of action.
The 30-year-old was on remand at Edinburgh’s Saughton Prison in March 2015 when he suffered a cardiac arrest after a struggle with up to 13 staff. The incident, which was captured on CCTV, showed the untried inmate being dragged naked, face down and feet first across a segregation unit floor with a towel over his face.
In a 109-page judgment issued on August 9, 2019, Sheriff Gordon Liddle described his death as entirely preventable and accused prison officers who gave evidence to the 25-day Fatal Accident Inquiry (FAI) of dishonesty.
Twelve months later the Marshall family have not been told if any of the 13 key recommendations – designed to improve restraint procedures and prevent future deaths – have been implemented.
They have also heard nothing from the Scottish Government about a review of deaths in prisons promised nine months ago. The inquiry was due to be led by Wendy Sinclair-Gieben, chief inspector of prisons for Scotland, with bereaved relatives asked about their experiences of the system.
However, the family have had no contact from Ms Gieben or her office since the November 7 announcement. They have also heard nothing from Justice Minister Humza Yousaf since a face-to-face meeting last September. He had apologised for the failures that led to his death and promised answers. But there’s been no contact since.
Earlier that month Allan’s family met with Scottish Prison Service officials in Edinburgh to address
A year ago, we were promised action. A year on and we have heard nothing. Not one word – Sharon MacFadyen lost her nephew in jail
their concerns over his death. They were promised a meeting with the then chief executive Colin McConnell, but it never took place.
Allan’s aunt, Sharon MacFadyen, 47, from Rutherglen, Glasgow, said the family have been kept in the dark by the authorities. “We feel there has been a cover-up from day one,” she said. “No one has been held accountable for Allan’s death. Even if his [Sheriff Liddle’s] 13 recommendations to improve things have been implemented no one has told us.
“We’ve heard nothing back from Humza Yousaf or the SPS, despite promises to keep us fully informed.”
Allan died four days after being admitted to Edinburgh Royal Infirmary. The Marshall family plan to sue the Scottish Prison Service,
Police Scotland and the Crown Office. Allan, who ran an electrical recycling business in Castlemilk, had been remanded in custody over unpaid fines after appearing at Hamilton Sheriff Court on a breach of the peace charge. On the day of the restraint he had been taken to Saughton’s segregation unit after allegedly damaging his cell.
In his FAI report, Sheriff Liddle said: “It was clear that prison officer staff did not tell the whole truth on a number of occasions. Sometimes they appeared to be mutually and consistently dishonest.”
Family solicitor Jelina Berlow-Rahman said: “The family was heartened by Sheriff Liddle’s determination. However, with a lack of information and failure to be consulted for the death in custody inquiry, they continue to be left in the dark.”
The Scottish Government said: “The Justice Secretary wrote to the Justice and Health and Sport Committees in May to provide an update on the independent review into the handling of deaths in prison custody. Work is under way and after an understandable pause due to the pandemic, it will report to the Justice Secretary early next year.”
The Scottish Prison Service did not respond to our requests for a comment.