Allan Marshall prison officers unmasked after inmate dragged to his death

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David McAdam, John Nicol, Brian Fraser, Steven Banks, Charles Kivlin and Kevin O’Hara were all in the thick of the violent incident which took place at HMP Edinburgh

Six prison officers granted lifelong immunity from prosecution after inmate Allan Marshall was dragged to his death are today unmasked by the Sunday Mail.

Gerry Michie, the deputy governor in charge of the prison at the time of Allan’s preventable death, has since been promoted to governor at Polmont Young Offenders Institution. The case has now been re-classed as criminal matter and the men could be called to give evidence at any future trial against the SPS but their lifelong protection remains in place.

Steven Banks was initially involved in escorting Allan to the SRU from Glenesk. On arrival around 7.30am Allan was met by First Line Manager David McAdam, John Nicol and two other officers. Shortly after 8.15am Allan was dragged face down and feet first out into the SRU corridor which was captured on CCTV. At about 8.20am Allan was still mobile and tried to raise his body off the floor.

One nurse said Allan was on his back with his arms outstretched still being restrained by prison officers. Charles Kivlin was holding one arm and Kevin O’Hara the other. Nobody was doing CPR and the officers were described as being “in suspended animation”. A Police Scotland spokesperson said: “We are not able to comment further at this time due to the live nature of this investigation.”

Labour MSP Richard Leonard said: “We know 13 prison officers held him down restrained and controlled him in the shower room with such force that a Fatal Accident Inquiry concluded that his death was “entirely preventable”. Despite CCTV footage exposing brutality, all the officers were given immunity from prosecution and no one faced criminal charges. For years the Scottish Prison Service has operated in a culture of impunity and secrecy, comforted in the knowledge that their unholy trinity with Police Scotland and Crown Office will ensure they escape prosecution.

 

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