Widow Alleges Cover-Up in Firefighter's Death Investigation
The widow of Barry Martin, a firefighter who died following a fire at Edinburgh's Jenners building, has accused the Scottish Fire and Rescue Service (SFRS) of attempting to "cover up" the full circumstances surrounding his death.
Shelley Martin expressed her dissatisfaction that the SFRS has yet to provide its internal report on the incident, which is necessary for determining whether criminal prosecution is warranted.
Barry Martin succumbed to his injuries in hospital four days after being severely hurt while combating the blaze at the former department store in January 2023.
SFRS extended condolences to the family but stated it would be inappropriate to comment on an ongoing investigation.
Deputy Chief Fire Officer Andrew Watt said:
"We continue to co-operate fully with all external investigators and have maintained clear communication regarding investigation timescales and any requests for information."
Barry Martin, aged 38 and father to two young sons, was the first firefighter to die in the line of duty in Scotland in 14 years after sustaining fatal injuries during the Jenners fire.
He was newly qualified and part of Blue Watch at Edinburgh's McDonald Road Fire Station when he responded to the blaze on 23 January 2023.
Shortly after entering the former department store as a member of a four-person breathing apparatus team, he fell down a flight of stairs, which damaged his equipment and caused a loss of air supply.
Although his distress signal activated shortly after midday, it took 27 minutes for rescuers to locate him at the bottom of the stairs and remove him from the building.
He suffered severe burns and injuries from oxygen deprivation and died in hospital four days later.
Shelley Martin has since claimed that her husband was "unprepared and underequipped by the SFRS" and argued there was no justification for sending firefighters into the building since it was unoccupied and posed no danger to life.
'Institutionalised Behaviour' Alleged by Widow
Following a meeting with the lord advocate to discuss delays in the case, Shelley Martin issued a statement through her lawyer, Aamer Anwar.
She described the ongoing wait for answers three years after her husband's death as "unacceptable and abhorrent."
"I am angry at the way the Scottish Fire and Rescue Service have sought to bury and cover this up,"
she said.
"I'm also not surprised. It's typical, institutionalised behaviour and that's why I won't go away."
Anwar stated that the SFRS had been formally notified it was a suspect in the case and that the Crown Office and Procurator Fiscal Service (COPFS) would consider possible charges of corporate manslaughter or breaches of health and safety regulations.
However, he noted that no decision on criminal prosecution could be made until the SFRS submits its own investigation report into the fire.
He added that lord advocate Dorothy Bain KC informed them the report was expected by mid-April.
Anwar expressed gratitude to the lord advocate for her compassion and openness during the meeting.
He said:
"The SFRS have a statutory duty to investigate fires, but time and time again they have taken years to deliver reports to the Crown Office."
He further noted that Dorothy Bain had promised to seek an explanation from the chief fire officer if the report was not delivered by April.
The lord advocate, Scotland's senior law officer, acknowledged the "deep loss and enduring pain caused to Shelley and her family, and the frustrations felt as the investigations continue."
She added:
"The Crown can reach a decision only when all relevant information, reports, expert opinions, and evidence are fully available.
The Crown shortly expects to receive a report from the Scottish Fire and Rescue Service, which must be considered before any final decision can be made."
Police Scotland initiated an investigation following Barry Martin's death.
Additionally, a civil action was filed at the Court of Session in December against both the SFRS and the company conducting work on the Jenners building.
