Chou Turvey: Scottish Justice Secretary must investigate and explain Marshall CCTV

Scottish Liberal Democrat justice spokesperson Yi-pei Chou Turvey has today called on the SNP Justice Secretary to investigate and explain why Scottish Government lawyers repeatedly claimed they did not have CCTV showing the moments before the restraint of Allan Marshall, despite that footage now being released.

In 2015, Mr Marshall was on remand at HMP Edinburgh. He was restrained face down by 17 prison officers, some of whom used their feet. He died four days later.

Last year, the Scottish Prison Service admitted breaching human rights law by causing the death of Mr Marshall. Police Scotland and the Crown Office accepted they breached Mr Marshall’s right to life under Article 2 of the European Convention on Human Rights by failing to carry out an adequate investigation into his death in custody.

Prison officers had previously claimed that prior to his restraint Mr Marshall had smashed up his cell and covered himself in excrement. They also claimed he had behaved erratically and aggressively.

The BBC, however, has obtained new CCTV footage of the moments leading up to the restraint. The newly released footage appears to show Mr Marshall walking calmly through the prison, with three security guards holding him lightly at his wrist.

Lawyers for the Scottish Government originally refused to provide this footage, repeatedly claiming they did not have it.

Scottish Liberal Democrat justice spokesperson Yi-pei Chou Turvey MSP said:

“There are extremely serious questions now at the door of Scottish ministers. I am very concerned that the Scottish Government’s own lawyers repeatedly claimed they did not have this footage.

“This CCTV also appears to contradict the evidence given about the moments leading up to Mr Marshall’s restraint. There is no suggestion in this footage that Mr Marshall behaved as prison officers described.

“When tragedies like deaths in custody occur, the very least that families deserve is clarity and openness from the Scottish Government. I am concerned that, in this case, Mr Marshall’s family have received the very opposite.

“It is only right that the Justice Secretary investigates and explains why Scottish Government lawyers repeatedly claimed they did not have this footage. They also need to set out where it has been all along.”