New CCTV Footage Reveals Events Before Prison Restraint
The BBC has obtained previously unseen CCTV footage showing the period leading up to the restraint incident involving Allan Marshall, a man who died after being restrained by prison officers. This footage contradicts the official version of events presented by prison officials.
Earlier this year, took Scottish ministers to court after they refused to release CCTV footage of the moments preceding the restraint incident that resulted in Marshall's death.
Prison officers had previously claimed that the 30-year-old, who was on remand for unpaid fines and breach of the peace, had vandalised his cell and covered himself in excrement.
The newly obtained footage depicts Marshall, from South Lanarkshire, walking calmly through the prison for four minutes, lightly guided by three guards.
Marshall was on remand at HMP Edinburgh in 2015 when he was restrained face down by up to 17 prison officers. He died four days later.
Previously released CCTV footage shows prison officers restraining Allan Marshall.
Contradictory Evidence at Fatal Accident Inquiry
During a fatal accident inquiry, officers described Marshall's behaviour as erratic and aggressive, and expressed their belief that he had taken a legal high.
He was being moved to the prison's segregation unit due to his actions during the night, and officers stated he required a shower following a dirty protest.
However, the newly released footage shows Marshall walking topless through the prison corridors.
He does not appear to be covered in excrement as officers had claimed, nor does he behave erratically while being led to the shower room.
Footage of the restraint incident outside the shower room, which occurred nearly 20 minutes later, has been publicly available for years.
Following a court case initiated by Marshall's relatives, new footage of the events prior to the restraint was lodged with the Court of Session.
Allan Marshall died four days after being restrained by prison officers.
Despite this, it took months of legal proceedings for the BBC to obtain the footage.
On more than two occasions, lawyers for Scottish ministers asserted that the previously seen restraint footage was the only CCTV available.
A Scottish government spokeswoman apologised for the failures that led to Marshall's death.
"The ongoing legal proceedings mean it is inappropriate to comment further," she said.
Details of the New Footage
The new footage shows Marshall leaving his cell at 07:25 accompanied by three prison officers.
He is seen descending several flights of stairs, wearing tracksuit bottoms but no shoes or top.
Marshall appears clean and calm; at certain points he walks without being held.
At other times, officers apply a "come along hold"—a light hold at his wrist.
Marshall was on remand for unpaid fines and breach of the peace.
The new footage continues until 07:29 when he enters the shower room.
There is a gap in footage as no cameras are installed in the shower room.
Officers enter the shower room at 07:48, and the restraint begins.
Previously released footage shows Marshall being dragged out of the shower room face down by multiple officers and restrained by up to 17 officers, some using their feet.
Family Reaction and Concerns
Marshall's aunt, Sharon MacFadyen, who has campaigned on her nephew's case for years, stated that the new footage "doesn't fit" with officers' claims that he was agitated, aggressive, and covered in excrement.
"If he was kicking off or if he was fighting fair enough, but he's doing what he's told," she told .
She believes Marshall, who had pressed his emergency buzzer several times during the night, had annoyed officers and was taken to the shower room to be "taught a lesson."
"There's no cameras or anything. Since you don't know what went on in there we've only got their word for it," she said.
Marshall's aunt Sharon MacFadyen has been campaigning on her nephew's case for years.
Expert Analysis
Sarah Armstrong, professor of criminology at the University of Glasgow, expressed shock at how calm Marshall appeared in the footage.
"I don't see anything in that video suggesting that use of force is required," she said.
"There's no sign that he was resisting."
Prof Armstrong also noted the absence of any visible excrement and that officers did not behave as if there was an unpleasant smell.
She questioned the decision to take Marshall into the shower, a room without cameras.
"There's no physical sign that was required. That footage seems to contradict all of the reasons publicly given for, first of all, taking him into the showers and, second of all, exercising a restraint."
Prof Sarah Armstrong said she was "shocked" to see how calm Marshall was in the footage.
Legal and Official Responses
All prison officers involved in restraining Allan Marshall were granted lifetime immunity from prosecution to encourage them to give evidence at the fatal accident inquiry.
The Crown Office later acknowledged this was a mistake.
Seeking justice for her nephew, Sharon MacFadyen initiated a human rights case against the authorities involved in his death and the subsequent investigation.
This was the first case in Scotland using Article 2 of the Human Rights Act 1998—breach of the right to life.
Police Scotland and the Crown Office agreed to pay compensation to the family last year, but the Scottish Prison Service did not.
Judge Lady Ross is expected to decide next month on the compensation amounts.
The Scottish Prison Service admitted in September that Marshall's death was unlawful, ten years after the incident.
Last September, Marshall's family received apologies from the prison service, Crown Office, and Police Scotland after the Court of Session heard that the force used exceeded what was necessary.
This was the first occasion that all three parties publicly apologised, accepted the death as unlawful, and acknowledged the state's failure to adequately investigate.
A Scottish Prison Service spokesman said:
"We sincerely apologise for failings which resulted in the sad death of Mr Marshall and our thoughts and condolences remain with his family.
As proceedings remain live in this matter it would be inappropriate to comment further."
