2 hours ago Newly obtained CCTV footage shows the play starring up to the restraint incident
By
Scotland societal affairs correspondent
The BBC has obtained antecedently unseen footage of a antheral who died aft being restrained by situation officers, which contradicts the mentation of events enactment guardant by officials.
BBC News took Scottish ministers to tribunal earlier this twelvemonth aft they refused to manus implicit CCTV footage of the moments starring up to the restraint incidental aft which Allan Marshall died.
Prison officers had antecedently claimed the 30-year-old, who was connected remand for unpaid fines and breach of the peace, had smashed up his compartment and covered himself successful excrement.
The caller footage shows Marshall, from South Lanarkshire, walking calmly done the situation for 4 minutes, lightly guided by 3 guards.
Marshall was connected remand astatine HMP Edinburgh successful 2015 erstwhile helium was restrained look down by up to 17 situation officers. He died 4 days later.
Previously released CCTV shows situation officers restraining Allan Marshall
In grounds to a fatal mishap inquiry, officers talked astir Marshall behaving erratically and aggressively and their content helium had taken a ineligible high.
He was being moved to the prison's segregation portion due to the fact that of his actions during the nighttime and officers said helium needed a ablution aft a soiled protest.
However, the newly-released footage shows Marshall walking topless done the situation corridors.
He does not look to beryllium covered successful excrement arsenic officers had claimed and helium is not behaving erratically arsenic helium is led to the ablution room.
Footage of the restraint incident, which occurred extracurricular the ablution country astir 20 minutes later, has been successful the nationalist domain for years.
However, a tribunal lawsuit brought by Marshall's relatives meant caller footage of events earlier the restraint was lodged with the Court of Session.
Image source, Marshall Family
Allan Marshall died 4 days aft being restrained by situation officers
Despite this, it took months of ineligible wrangling for the BBC to get the footage.
On much than 2 occasions lawyers for Scottish ministers said the antecedently seen restraint footage was the lone CCTV they had.
A Scottish authorities spokeswoman said it apologised for the failures that led to Marshall's death.
"The ongoing ineligible proceedings mean it is inappropriate to remark further," she said.
The caller footage shows Marshall leaving his compartment astatine 07:25 accompanied by 3 situation officers.
It shows him coming down respective flights of stairs, wearing tracksuit bottoms and nary shoes oregon top.
He appears to beryllium cleanable and calm - and astatine definite points helium is walking with nary clasp connected him.
At different points officers are utilizing what is described arsenic a "come on hold" – a airy clasp astatine his wrist.
Image source, Marshall Family
Marshall was connected remand for unpaid fines and breach of the peace
The caller footage runs until 07:29 erstwhile helium enters the ablution room.
There is past a spread due to the fact that determination are nary cameras successful the ablution room.
Officers past spell into the ablution country astatine 07:48 and the restraint begins.
The footage shown antecedently shows Marshall being dragged retired of the ablution room, look down, by aggregate officers and restrained by up to 17 officers, immoderate of whom utilized their feet.
Marshall's aunt Sharon MacFadyen, who has been campaigning connected her nephew's lawsuit for years, says the caller footage "doesn't fit" with what officers said astatine the clip astir him being agitated, assertive and covered successful excrement.
"If helium was kicking disconnected oregon if helium was warring just enough, but he's doing what he's told," she told BBC News.
She believes that Marshall, who had pressed his exigency buzzer respective times during the night, had annoyed officers and was being taken to the ablution country to beryllium taught a lesson.
"There's nary cameras oregon anything. Since you don't cognize what went connected successful determination we've lone got their connection for it," she says.
Marshall's aunt Sharon MacFadyen has been campaigning connected her nephew's lawsuit for years
Sarah Armstrong, a prof of criminology astatine the University of Glasgow, said she was "shocked" to spot however calm Marshall was successful the footage.
"I don't spot thing successful that video suggesting that usage of unit is required," she says.
"There's nary motion that helium was resisting."
Prof Armstrong adds that determination is nary motion of immoderate excrement and officers are not acting successful immoderate mode that suggests a smell.
"It raises questions for maine astir the determination to instrumentality him into the shower, a country that had nary cameras," she says.
"There's nary carnal motion that was required.
"That footage seems to contradict each of the reasons publically fixed for, archetypal of all, taking him into the showers and, 2nd of all, exercising a restraint."
Prof Sarah Armstrong said she was "shocked" to spot however calm Marshall was successful the footage
All the situation officers progressive successful the restraint of Allan Marshall were granted beingness immunity from prosecution to transportation them to springiness grounds astatine a fatal mishap inquiry.
This was a determination the Crown Office aboriginal admitted was a mistake.
In an effort to get what she sees arsenic justness for her nephew, Sharon MacFadyen alternatively took a quality rights lawsuit against the authorities progressive successful his decease and the consequent investigation.
It was the archetypal successful Scotland utilizing nonfiction 2 of the Human Rights Act 1998 - breach of the close to life.
Police Scotland and the Crown Office agreed to wage compensation to the household past twelvemonth but the situation work did not.
Judge Lady Ross is expected to marque a determination adjacent period connected the levels of damages they should pay.
The Scottish Prison Service admitted successful September that Marshall's decease was unlawful - 10 years connected from the fatality.
Last September his household received an apology from the situation service, Crown Office and Police Scotland aft the Court of Session heard that the level of unit went beyond what was necessary.
It was the archetypal clip that each 3 parties publically apologised, accepted it arsenic an unlawful decease and accepted that the authorities failed to adequately investigate.
A Scottish Prison Service spokesperson said: "We sincerely apologise for failings which resulted successful the bittersweet decease of Mr Marshall and our thoughts and condolences stay with his family.
"As proceedings stay unrecorded successful this substance it would beryllium inappropriate to remark further."
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