Lord Advocate Confirms Ongoing Investigation Into Firefighter's Tragic Death
Scotland's most senior law officer has publicly acknowledged the profound frustrations experienced by the widow of a firefighter who lost his life three years ago, while emphasising that crucial investigative steps must be completed before any conclusions can be reached.
A Family's Agonising Wait for Answers
Barry Martin, a 38-year-old firefighter, tragically died in January 2023 after sustaining critical injuries while combating a major blaze at the historic former Jenners department store on Edinburgh's Princes Street. His widow, Shelley Martin, aged 39, recently voiced her distress over what she described as unacceptable delays in the inquiries surrounding her husband's death. She has directly appealed to the Lord Advocate, Dorothy Bain KC, to intervene and accelerate decisions regarding potential criminal investigations.
Following a meeting with Mrs Martin, Lord Advocate Bain stated: I recognise the deep loss and enduring pain caused to Shelley and her family, and the frustrations felt as the investigations continue. She explained that the Crown Office and Procurator Fiscal Service (COPFS) can only reach definitive decisions when all pertinent information, comprehensive reports, expert opinions, and evidence are fully available and thoroughly examined.
Pending Report from Fire Service
Ms Bain confirmed that the Crown Office anticipates receiving a vital report from the Scottish Fire and Rescue Service (SFRS) in the near future. This document must be meticulously considered before any final determinations can be made on matters including potential criminal liability. The central issue under scrutiny is whether the Scottish Fire and Rescue Service, or other parties, bear criminal responsibility for the incident.
Aamer Anwar, the legal representative for Shelley Martin, highlighted the compounded grief caused by the prolonged wait for justice. He noted that the Lord Advocate attributed the delays primarily to the ongoing work of the Scottish Fire and Rescue Service in preparing its report.
Details of the Fatal Incident
The sequence of events on January 23, 2023, reveals the rapid and devastating nature of the tragedy. Barry Martin, a newly qualified firefighter, entered the burning Jenners building as part of a four-person team. Merely six minutes after entry, he fell down a flight of stairs. His breathing apparatus was critically damaged, leading to a catastrophic loss of air supply and a rapid release of oxygen.
An emergency was declared at 12:12 pm, with his distress signal activated four minutes later. He was eventually located at the bottom of the staircase and extracted from the building at 12:39 pm, approximately 33 minutes after initially entering. Mr Martin sustained severe burns and hypoxic injuries. He was transferred to hospital but succumbed to his fire-related injuries and complications four days later, on January 27, 2023.
Shelley Martin has previously spoken of how her husband's death has devastated their family, including their twin boys, leaving an irreplaceable void.
Official Statements and Continued Cooperation
Andrew Watt, Deputy Chief Officer of the Scottish Fire and Rescue Service, expressed that their thoughts remain steadfastly with Firefighter Martin's family and all those affected by the tragic 2023 incident. He confirmed that the Jenners fire remains subject to an active, ongoing investigation led by Police Scotland and the COPFS.
The SFRS continues to cooperate fully with all external investigators, maintaining clear communication regarding investigation timelines and any requests for information. Mr Watt stated it would be inappropriate for the service to comment further while legal processes remain active and unresolved.
The community and colleagues honoured Barry Martin at his funeral in Edinburgh, a testament to his service and the profound impact of his loss. As the investigations proceed, the family's call for timely answers and accountability continues to underscore this complex and deeply sorrowful case.
