Lord Advocate Meets Widow of Firefighter Killed in Jenners Blaze
The Lord Advocate has personally met with the widow of a firefighter who tragically lost his life during the devastating 2023 Jenners department store fire in Edinburgh. Dorothy Bain KC acknowledged the "frustrations" felt by Shelley Martin as complex investigations into her husband's death continue three years after the incident.
Ongoing Investigations and Delays
Barry Martin, a 38-year-old newly qualified firefighter, died on January 27, 2023, after sustaining critical injuries while battling the massive blaze at the historic former Jenners building earlier that week. His widow Shelley Martin recently criticized what she called "unacceptable" delays surrounding inquiries into his death and had called on the Lord Advocate to intervene to expedite decisions regarding potential criminal investigations.
In a statement issued after meeting with Mrs. Martin in Glasgow, Lord Advocate Dorothy Bain KC said: "I met with Shelley Martin today to update her personally on the work ongoing by the Crown Office and Procurator Fiscal Service and our partners into the death of her husband Barry Martin."
"This work, which seeks to establish the full facts of his death and to consider the question of criminality and issues of safety, is complex and detailed," the Lord Advocate continued.
Family's Anguish and Legal Concerns
Mrs. Martin has previously stated that her husband's death "devastated" her family, including their twin sons. Her lawyer, Aamer Anwar, revealed that Mrs. Martin believes her husband should never have been sent into the Jenners building and that he was "unprepared and underequipped" for the dangerous situation.
Speaking after Thursday's meeting with the Lord Advocate, Mr. Anwar said: "The failure over three years to deliver justice has compounded the grief of Shelley Martin."
He added: "The Lord Advocate met with Shelley today and our legal team. Shelley is deeply grateful for the Lord Advocate's candour, compassion and support."
Awaiting Crucial Fire Service Report
The Lord Advocate emphasized that the Crown Office expects to soon receive a report from the Scottish Fire and Rescue Service (SFRS), which must be thoroughly considered before any final decisions can be made regarding potential criminality.
"The Crown can reach a decision only when all relevant information, reports, expert opinions and evidence are fully available," Bain stated in her official statement.
Mr. Anwar explained that the Lord Advocate advised delays are due to the Scottish Fire and Rescue Service, stating: "Firefighter Barry Martin died and the issue of concern is whether the Scottish Fire and Rescue Service and others are criminally responsible."
"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 added.
Expected Timeline and Official Responses
According to Mr. Anwar, the chief fire officer has been written to by the Lord Advocate's office, and they have been advised that the report will be available in mid-April. "To understand cause and effect, the SFRS report must be delivered so that the Crown can decide whether criminal prosecutions will follow," he emphasized.
SFRS deputy chief officer Andrew Watt responded: "Our thoughts remain firmly with firefighter Martin's family and all of those affected by the tragic incident which took place at the former Jenners building in 2023."
He continued: "The Jenners fire remains subject to an ongoing and active investigation which is being led by Police Scotland and overseen by the COPFS. We continue to co-operate fully with all external investigators and have maintained clear communication regarding investigation timescales and any requests for information."
Watt concluded: "It would be inappropriate for SFRS to comment further while legal processes remain live."
The Crown Office and Procurator Fiscal Service has committed to providing regular updates on progress and will meet again soon with Shelley Martin as investigations into this tragic firefighter death continue.
