A brand new probe into the violent demise in custody of Allan Marshall has been launched by prosecutors.
The Sunday Mail can reveal the jail officers given immunity from prosecution however branded “dishonest” within the Deadly Accident Inquiry ruling are set to be re-interviewed.
The Crown Workplace and Procurator Fiscal Service have already travelled to Inverness jail to talk to an inmate who was in Saughton jail when Allan was forcibly restrained and later died in March 2015.
The case provoked fury after we revealed CCTV footage exhibiting the 30-year-old being dragged bare down a hall with a towel over his face.
The prisoner who noticed the incident by way of his cell door within the Segregation and Reintegration Unit (SRU) beforehand gave proof on the FAI.
The 43-year-old, who has requested to not be named, met two ladies from the Crown Workplace’s Scottish Fatalities Investigation Unit on Tuesday for 90 minutes at HMP Inverness.
They went over his assertion to police in 2015 and took a brand new one. He additionally stated he could be ready to offer proof at a future date if any expenses have been introduced.
It's understood the officers plan to interview the 13 officers concerned in addition to two different prisoners housed within the SRU on the time. In addition they gave proof on the 2018 FAI.
The brand new probe follows a gathering between the Lord Advocate Dorothy Bain – Scotland’s most senior prosecutor – and Allan’s household in March, after they expressed considerations over how Allan’s demise was investigated.
Allan was remanded to Saughton after showing at Hamilton Sheriff Court docket on a breach of the peace cost because of unpaid fines. He was because of be launched on the time of his demise.
He had been dragged bare, toes first and face down throughout a jail hall with a towel over his face and suffered a number of accidents. The dad of two died 4 days later in Edinburgh Royal Infirmary whereas in an induced coma.
He had been taken to the SRU after allegedly damaging his cell.
In a Sunday Mail interview in October 2019 the Inverness prisoner stated the power utilized by officers was the worst he had seen and as much as 13 jail officers have been concerned.
The inmate, who has served a number of jail phrases for fraud and theft, stated: “I kicked open the hatch on my cell door and noticed Allan being dragged out of the bathe by his toes alongside the ground.
“Given the quantity of officers concerned, it was excessive power. The restraint went on far too lengthy. I noticed his arm being twisted with excessive, brutal power and him being hit within the ribs. They have been additionally utilizing their toes to restrain him.”
Allan had run his personal recycling agency in Glasgow’s Castlemilk.
His household have beforehand referred to as for motion in opposition to officers. Nevertheless, they got immunity from prosecution when offering proof on the FAI.
Following the FAI in Edinburgh, Sheriff Gordon Liddle described the proof of the officers as “mutually and persistently dishonest”.
He stated testimonies given by the three prisoners have been “constant” and “easy” and dominated the demise was “totally preventable”.
Allan’s aunt Sharon McFadyen, 49, stated: “We requested the Lord Advocate to look into Allan’s demise and that is what she is doing.
“We are actually ready to listen to again on its conclusion and I'm assured of a optimistic end result.”
A spokesman for the Crown Workplace and Procurator Fiscal Service stated: “The Lord Advocate has instructed additional inquiries. The household will proceed to be saved up to date on vital developments.”
The Scottish Jail Service declined to remark.
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