Firefighter widow's 'painful' three-year wait in court case

The widow of a firefighter who died responding to a fire in the former Jenners building in Edinburgh says she intends to appeal directly to the Lord Advocate over delays in his case.

Shelley Martin, 39, said the long wait for a decision from the Crown Office and Procurator Fiscal on whether to prosecute anyone over Barry Martin's death was unacceptable.

She said his death was the result of decisions that needed to be examined, adding: "Our family silence is not an option."

Martin, who was 38 and a recently qualified firefighter, died after sustaining serious injuries during the fire on 23 January 2023.

The Crown Office and Procurator Fiscal Service said it recognised his family's loss and search for answers, and it was considering the circumstances of his death "thoroughly and independently".

Martin, who was the least experienced firefighter there, fell down a flight of stairs within six minutes of entering the building, lawyer Aamer Anwar said.

He said he suffered a catastrophic loss of oxygen after his breathing apparatus kit was damaged.

An emergency was declared at 12:12 but Martin did not exit the building with the rest of his team, he said.

Martin was found at the bottom of the stairs and carried from the building at 12:39.

Anwar said it was about 33 minutes after entry and 27 minutes after the emergency was declared.

Martin sustained severe burns and hypoxic injuries. He died in hospital on 27 January 2023 from fire-related injuries and complications.

Anwar said a civil action was raised in the Court of Session in December 2025 against the Scottish Fire and Rescue Service and Chamic Industrial Services - the company responsible for carrying out work at the Jenners Building when Martin died.

He said the Crown was currently considering potential criminal proceedings, including health and safety breaches or corporate homicide.

Martin believes her husband should never have been sent into the Jenners building when there was no threat to life.

She alleges he was sent in "unprepared and underequipped by the Scottish Fire and Rescue Service".

Martin said her family had been actively seeking answers about how and why her husband had died over the last three years.

"I am angry at the way the Scottish Fire and Rescue Service have sought to bury and cover this up," she said.

"Delays of this length are not just painful, they affect our basic human rights to truth, dignity, and justice, because grief does not pause while investigations stall.

"I was driven to study Scots Law because of what happened to Barry, and I understand acutely what delay means, not just emotionally but legally.

"When a process remains unresolved for this long, the integrity of any future proceedings is placed at risk. Timely investigation is not a courtesy, it is a fundamental safeguard."

She added firefighters across Scotland were continuing to be recruited into the service without knowing what happened to her husband.

She said her husband's death was not a consequence of the career he chose and called for it to never be framed as a sacrifice.

Anwar said Martin's wife was seeking justice and accountability from those responsible for his death.

"No other firefighter or their family should ever be placed in a such a position again," he added.

Andrew Watt, Scottish Fire and Rescue Service (SFRS) deputy chief officer, said their thoughts were with Martin's family and all of those affected by the tragic incident.

"The Jenners fire remains subject to an ongoing and active investigation which is being led by Police Scotland and overseen by the Crown Office and Procurator Fiscal Service," he said.

"It would therefore be inappropriate for SFRS to comment on any specific claims while these legal processes remain live.

"We have and will continue to cooperate fully with all external investigations."

A Crown Office and Procurator Fiscal Service spokesman said: "We recognise the deep loss felt by Barry Martin's family and their wish to understand the full facts of his tragic death.

"We are considering the circumstances of Barry's death thoroughly and independently as we seek to establish what happened, consider the question of criminality and issues of safety.

"This complex and detailed investigation is ongoing, and we will continue to share significant developments with the Martin family."