Firefighter’s Widow Seeks Justice After Lengthy Court Delays Following Tragic Death

Jack Morrison, Home Affairs Correspondent
5 Min Read
⏱️ 4 min read

The widow of a firefighter who tragically lost his life while attending to a blaze at Edinburgh’s historic Jenners building has expressed her determination to appeal directly to the Lord Advocate. Shelley Martin, 39, has been left frustrated by the protracted wait for a decision from the Crown Office concerning potential prosecutions related to her husband Barry Martin’s death on 23 January 2023.

A Devastating Loss

Barry Martin, aged 38, was a recently qualified firefighter when he sustained life-threatening injuries while battling the fire at the former department store. Within minutes of entering the building, he fell down a flight of stairs after his breathing apparatus was damaged, leading to a catastrophic loss of oxygen. Despite the swift declaration of an emergency at 12:12, Barry did not emerge from the building with his team, ultimately being found at the bottom of the stairs nearly half an hour later. He succumbed to his injuries in hospital four days later.

Shelley Martin, who is left to raise their twin sons, Oliver and Daniel, has been vocal about her anger and frustration regarding the circumstances surrounding her husband’s death. Her lawyer, Aamer Anwar, revealed that a civil action has already been initiated against both the Scottish Fire and Rescue Service and Chamic Industrial Services, the company responsible for the renovation work at the Jenners site.

Calls for Accountability

Shelley believes that her husband was sent into the fire without adequate preparation or equipment, suggesting that there was no immediate threat to life that would justify such a risk. “Our family silence is not an option,” she stated, underscoring the emotional toll that the delays have taken on her and her children. The ongoing investigation by the Crown Office is examining possible criminal charges, including breaches of health and safety regulations and corporate homicide.

“I am angry at the way the Scottish Fire and Rescue Service have sought to bury and cover this up,” she continued. “Delays of this length are not just painful; they infringe on our fundamental human rights to truth, dignity, and justice. Grief does not pause while investigations stall.”

The Right to Answers

Driven by her desire for justice and understanding, Shelley has even pursued studies in Scots Law to better comprehend the legal processes involved. She emphasised that prolonged investigations can jeopardise the integrity of future proceedings, stating, “Timely investigation is not a courtesy; it is a fundamental safeguard.”

Anwar echoed her sentiments, asserting that no other firefighter or their family should ever have to endure such a harrowing experience. He highlighted the need for accountability from those responsible for Barry’s death, insisting that the tragedy should not be framed as a sacrifice associated with the profession.

The Scottish Fire and Rescue Service has expressed its condolences to the Martin family while emphasising the ongoing nature of the investigation. Andrew Watt, the deputy chief officer, stated, “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.”

Ongoing Investigation

A spokesperson from the Crown Office confirmed that they have received reports from the Health and Safety Executive as part of their inquiry. The investigation remains active, and officials have pledged to keep the Martin family updated on significant developments.

The community has come together to support the Martin family, and the tragic incident has raised concerns about the safety protocols in place for firefighters. As the investigation unfolds, many are watching closely to see how accountability will be addressed in this deeply saddening case.

Why it Matters

The case of Barry Martin highlights the critical need for transparency and accountability in emergency services, particularly regarding the safety protocols that protect firefighters. Delays in legal proceedings not only prolong the suffering of affected families but also raise questions about the adequacy of safety measures in place. Ensuring that investigations are conducted swiftly and thoroughly is essential for restoring public trust and safeguarding the lives of those who bravely serve in hazardous situations.

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Jack Morrison covers home affairs including immigration, policing, counter-terrorism, and civil liberties. A former crime reporter for the Manchester Evening News, he has built strong contacts across police forces and the Home Office over his 10-year career. He is known for balanced reporting on contentious issues and has testified as an expert witness on press freedom matters.
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