CCTV footage released for the first time shows Allan Marshall calm and compliant about 20 minutes before his death. Prison officers had restrained him at HMP Edinburgh in 2015.
The footage appears to contradict the account officials gave after he died. BBC News obtained it after taking the Scottish Government to court earlier this year. The Government had refused to hand over CCTV of the moments before the restraint.
Mr Marshall, 30, was on remand for unpaid fines and breach of the peace. Prison officers had previously claimed that he had wrecked his cell and covered himself in excrement.
What the footage shows
Officers said they were moving him to the segregation unit because of his conduct during the night. They said he needed a shower after a dirty protest.
The newly released footage shows him walking calmly through the prison for four minutes. Three members of staff lightly guide him. He is bare chested as staff lead him along the corridors to the showers.
Contrary to the officers’ claims, he does not appear covered in excrement. Nor does he behave erratically.
Up to 17 prison officers eventually restrained him face down outside the shower room, almost 20 minutes later. He died four days after the restraint.
Footage of the restraint itself has been public for years. A court case brought by Mr Marshall’s relatives led to the lodging of footage of the events beforehand with the Court of Session. Lawyers for Scottish ministers had stated on more than two occasions that the restraint footage was the only CCTV they held.
Government response
The Scottish Government has apologised for the failures that led to Mr Marshall’s death, according to a spokesperson. “The ongoing legal proceedings mean it is inappropriate to comment further,” the spokesperson added.
No individuals faced prosecution over his death. Last year, the Scottish Prison Service admitted that it had breached Mr Marshall’s right to life.
