Widow's 'cover-up' anger over Jenners firefighter death probe

The widow of a firefighter who died after a blaze at Edinburgh's Jenners building has accused the Scottish Fire and Rescue Service (SFRS) of trying to "cover up" the full circumstances of his death.

Shelley Martin said it was unacceptable that the service had still not handed over its own report into the incident so a decision could be made on whether there should be a criminal prosecution.

Her husband Barry Martin died in hospital four days after he was badly injured while fighting the blaze at the former department store in January 2023.

SFRS has extended its sympathies to the family but said it would be inappropriate to comment on a live investigation.

Deputy Chief Fire Officer Andrew Watt added: "We continue to co-operate fully with all external investigators and have maintained clear communication regarding investigation timescales and any requests for information."

Martin, a 38-year-old father of two young sons, was the first firefighter to die in the line of duty in Scotland in 14 years after he was fatally injured in the Jenners fire.

He was newly-qualified and serving with Blue Watch at the city's McDonald Road Fire Station when he was called to the blaze on 23 January 2023.

Within minutes of entering the former department store as part of a four-person breathing apparatus team, he fell down a flight of stairs which damaged his equipment, leading to a loss of air supply.

Although his distress signal unit activated shortly after midday, it took 27 minutes to locate him at the foot of the stairs and carry him from the building.

He had suffered severe burns and injuries from lack of oxygen, and died in hospital four days later.

His widow has since claimed he was "unprepared and underequipped by the SFRS", and that there was no reason to send firefighters into the building as it was unoccupied and there was no danger to life.

Shelley Martin released a new statement through her lawyer, Aamer Anwar, after she met the lord advocate to discuss her frustration at delays in the case.

She said it was "unacceptable and abhorrent" that she was still waiting for answers three years after her husband's death.

"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 claimed SFRS had been formally notified that it was a suspect in the case, and that the Crown Office and Procurator Fiscal Service (COPFS) would consider possible corporate manslaughter or health and safety breaches.

However, he said no decision could be made on whether there should be a criminal prosecution until SFRS hands over its own investigation into the fire.

He said the lord advocate, Dorothy Bain KC, had told them the SFRS report was currently expected in mid-April.

Anwar said they were grateful to the lord advocate for her compassion and candour at 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 said Dorothy Bain had promised she would seek an explanation from the chief fire officer if the SFRS report was not delivered in April.

The lord advocate - Scotland's senior law officer - said she recognised 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 began an investigation following the firefighter's death.

A civil action was also raised at the Court of Session last December against both SFRS and the company that was carrying out work on the Jenners building.