The widow of firefighter Barry Martin has held a face-to-face meeting with the Lord Advocate to press for answers after more than three years without a prosecutorial decision following the Jenners building blaze in Edinburgh. The session highlights growing frustration over delays and raises fresh questions about accountability within Scotland’s fire service.
Shelley Martin met Dorothy Bain KC in Glasgow as the Crown Office and Procurator Fiscal Service (COPFS) continues to weigh evidence that could lead to criminal charges, including potential health and safety offences or corporate homicide. Officials have told the family the probe remains dependent on a report from the Scottish Fire and Rescue Service.
What the Crown is considering and the family’s concerns
The Crown has signalled it is examining whether the circumstances of Barry’s death give rise to criminal proceedings. At the meeting, the Lord Advocate confirmed the SFRS have been formally notified that they are considered suspects and must cooperate with the investigation.
- Victim: Barry Martin, 38, recently qualified firefighter.
- Incident: Fire at the former Jenners building, Princes Street, Edinburgh (23 January 2023).
- Investigation: COPFS-led review, with Police Scotland investigating and awaiting an SFRS report.
- Possible charges: health and safety breaches, corporate homicide.
- Civil action: litigation was lodged in December 2025 naming SFRS and contractors involved in work at the building.
Timeline of the incident
| Event | Timing |
|---|---|
| Entry into premises | 0 minutes |
| Fall down staircase | Within 6 minutes of entry |
| Distress signal triggered | 3 minutes after fall |
| Located at foot of stairs | About 33 minutes after entry |
| Removal from building | Approximately 33 minutes after entry (27 minutes after emergency declared) |
| Died in hospital | 27 January 2023 |
According to the family’s legal team, Barry’s breathing apparatus was damaged, causing a rapid loss of air. He suffered severe burns and hypoxic injury and later died in hospital. His legal representative, Aamer Anwar, says the prolonged wait for a decision has increased the family’s suffering.
Shelley Martin described her husband as a devoted father and firefighter and said the absence of firm answers after three years has been “abhorrent.” She has also voiced concerns that Barry, who was the least experienced member of a four-person breathing apparatus team, should not have been ordered into the building under the conditions that day.
Officials respond
The Lord Advocate told the family she recognises their loss and the frustration caused by the continuing inquiries. Dorothy Bain emphasised the complexity of the work needed to establish the facts and determine any criminality, and said COPFS will not reach a conclusion until all reports, expert opinions and evidence have been considered.
Ms Bain added that the Crown expects to receive a report from the SFRS shortly and that if the promised submission does not arrive, she will seek an explanation directly from Scotland’s Chief Fire Officer.
From the Scottish Fire and Rescue Service, Deputy Chief Officer Andrew Watt reiterated sympathy for the family and noted the Jenners fire remains subject to active investigation by Police Scotland, overseen by COPFS. He said it would be inappropriate for the SFRS to comment on specific allegations while legal processes are live, but affirmed the service will continue to cooperate with external inquiries.
Aamer Anwar said the Lord Advocate’s meeting offered some reassurance to the family and pledged that COPFS would keep Shelley regularly updated as the review progresses.
The coming weeks are likely to be pivotal: the SFRS report and how quickly it is shared with COPFS will shape whether criminal charges are pursued and could influence wider debate about operational safety, command decisions and accountability in Scotland’s fire service.
Hi, I’m Benjamin, a member of the Sherburne County Citizen team. With a passion for writing and a deep interest in current affairs, I thoroughly enjoy bringing you the latest news and trends that affect our daily lives.
