The campaigning aunt of death-in-custody prisoner Allan Marshall has died without seeing justice for her late nephew. Sharon MacFadyen spent over a decade fighting for justice for Allan, who died after being restrained by prison officers at HMP Edinburgh.
Allan was on remand at HMP Edinburgh in March 2015 when he was restrained face down by 17 prison officers. The 30-year-old, from Carluke, Lanarkshire, died after four days in a coma as a result of brain damage.
A Decade-Long Fight for Justice
The Scottish Prison Service (SPS) admitted that his death was unlawful in September last year. Sharon, with help from representative Kenneth McBrearty KC, brought a £100,000 damages claim against the SPS earlier this year. She described her family's battle for answers as "torture" but did not live to see the court's decision, passing away aged 53.
A funeral will be held next Friday, with guests encouraged to wear animal print in honour of Sharon, who was described as being like a mum to Allan. Tributes have been paid to the "courageous and beloved" grandmother.
Family and Campaign Tributes
Allan Marshall's brother, Alistair, thanked her for fighting for justice. He wrote: "My auntie/'big sister', Sharon MacFadyen, passed away this afternoon. Thank you for everything you done for me and my brother growing up, and fighting for my brother's justice for the last 11 years. I could never have done it with out you . Your shift is finished now. RIP, I'll never forget you."
Action group, the United Families and Friends Campaign, a coalition of families of those that have died in the custody of the state, joined in with the tributes. A spokesperson continued: "Our heart felt condolences to the family and friends of Sharon MacFadyen. Sharon was a formidable campaigner for truth and justice within the criminal justice system and fought for real change for justice. Sharon will be missed by many. Rest in Power."
Details of the Restraint and Legal Case
Allan Marshall was transferred to HMP Edinburgh's segregation unit after prison officers said he had become agitated. CCTV showed Marshall being dragged out of a shower room face down by prison officers, some of whom used their feet. Court previously heard how there was "never any need" for force to be used and that medical attention should have been provided instead. It was heard that the "extent of force was plainly excessive and beyond what was necessary".
Prison guard, Kevin O’Hara, who was involved in brutal restraint of Allan Marshall, was suspended and later dismissed from HMP Edinburgh this year after an alleged violent incident in September 2022 involving an unnamed inmate. He was unmasked by our sister title The Sunday Mail alongside a number of other guards at the centre of the incident.
The compensation court case brought against the SPS is the first of its kind in Scotland's to be using article two of the Human Rights Act 1998 - breach of the right to life. It's also the first time a Scottish court has been asked to decide how much the state should pay in damages for a breach of the right to life and the first a UK court must decide how much the state should pay for unlawfully causing someone's death in breach of article 2.
Speaking of the legal fight, Sharon said at the time: "It is like being tortured over and over again. It is horrible, I don't even know how to put it into words. It is torture. It is exhausting." The family received apologies from the SPS, the Crown Office and Police Scotland. Police Scotland and the Crown Office had already agreed to an amount of compensation.
