Justice secretary to apologise over Allan Marshall's custody death

  • Published
Allan MarshallImage source, Marshall family
Image caption,

A sheriff ruled Allan Marshall's death was "entirely preventable"

Scotland's Justice Secretary Humza Yousaf is to personally apologise to the family of a prisoner who died after being restrained while in jail.

Allan Marshall, 30, suffered a cardiac arrest during a lengthy struggle with staff at HMP Edinburgh.

A sheriff ruled his death was "entirely preventable", external and his family has called for action to be taken against staff.

Mr Yousaf said: "I am meeting Allan's family and they deserve an apology. The family are due that."

He added: "There will be no intent to justify what happened to Allan in our care."

'Beyond a tragedy'

Mr Marshall's family believe officers involved were given immunity from prosecution in return for agreeing to give evidence to a fatal accident inquiry.

The Scottish Prison Service has offered to meet the family to discuss their concerns.

Mr Marshall, of Carluke, South Lanarkshire, had been on remand at HMP Edinburgh for almost a month in March 2015 following an incident outside a nightclub.

The Sunday Mail newspaper published a video, external showing him being pinned to the ground by prison staff.

Media caption,

CCTV shows Allan Marshall being restrained by guards at HMP Edinburgh

The Scottish Prison Service failed in a legal bid to prevent the CCTV footage being made public.

First Minister Nicola Sturgeon later insisted the government played no part in the legal action.

'Reciting scripture'

Mr Yousaf said: "I read the report several times and I watched the CCTV. It's horrific. It's harrowing.

"From a human level, this is beyond a tragedy. This should not have happened."

A fellow prisoner described Mr Marshall behaving strangely in the days before the fateful struggle, reciting scripture and showing signs of being delusional.

In the early hours of 24 March, officers said Mr Marshall became agitated, smashing up his cell.

He was transferred to the jail's segregation unit where he agreed to take a shower - but instead sat behind the shower door reciting hymns or chants and exhibiting "strange behaviour".

Image caption,

Mr Yousaf said Mr Marshall's death "should never have happened"

When officers tried to remove him, a violent struggle began, during which one prison officer sustained a broken wrist and two others were bitten.

Officers described Mr Marshall as exhibiting apparently "superhuman" strength and being oblivious to pain even though he was himself injured.

More officers were called and Mr Marshall was eventually overpowered.

Brain damage

He was then dragged face down, by his feet into a corridor where CCTV showed him being pinned down by five prison officers. One was seen repeatedly using his feet to restrain the prisoner.

Plastic handcuffs were fitted to Mr Marshall but it was noticed he had become limp. After some delay, a "code blue" alert summoning medical staff was issued.

Mr Marshall died in hospital four days later after a scan showed he had suffered irreversible brain damage due to oxygen starvation.