Lord Advocate meets firefighter’s widow as investigations into death continue

The Lord Advocate has met with the widow of a firefighter who died in the 2023 Jenners blaze and said she recognises her “frustrations” as investigations continue three years on.

Barry Martin, 38, died on January 27 2023 after he was critically injured while fighting a large fire at the former Jenners department store in Edinburgh earlier that week.

His widow Shelley Martin last month hit out at “unacceptable” delays around inquiries into his death, and called on the Lord Advocate to step in to expedite decisions around potential criminal investigations resulting from the fatal fire.

Lord Advocate Dorothy Bain KC said the Crown Office expects soon to receive a report from the Scottish Fire and Rescue Service (SFRS) which must be considered before any decisions on issues such as potential criminality can be made.

In a statement issued after meeting with Mrs Martin in Glasgow on Thursday, the Lord Advocate said: “I met with Shelley Martin today to update her personally on the work ongoing by COPFS and our partners into the death of her husband Barry Martin.

“This work, which seeks to establish the full facts of his death and to consider the question of criminality and issues of safety, is complex and detailed.

“I recognise the deep loss and enduring pain caused to Shelley and her family, and the frustrations felt as the investigations continue.

“The Crown can reach a decision only when all relevant information, reports, expert opinions and evidence are fully available.

“The Crown shortly expects to receive a report from the Scottish Fire and Rescue Service, which must be considered before any final decision can be made.

“COPFS is committed to regular updates on progress made and will meet again soon with Shelley.”

Mrs Martin previously said the death of her husband “devastated” her family, including their twin sons.

Her lawyer Aamer Anwar said Mrs Martin believes her husband, a newly qualified firefighter, should never have been sent into the Jenners building and that he was “unprepared and underequipped”.

Speaking after the meeting with the Lord Advocate on Thursday, Mr Anwar said: “The failure over three years to deliver justice has compounded the grief of Shelley Martin.

“The Lord Advocate met with Shelley today and our legal team. Shelley is deeply grateful for the Lord Advocate’s candour, compassion and support.

“The Lord Advocate advised that delays are due to the Scottish Fire and Rescue Service.

“Firefighter Barry Martin died and the issue of concern is whether the Scottish Fire and Rescue Service and others are criminally responsible.

“The SFRS have a statutory duty to investigate fires, but time and time again they have taken years to deliver reports to the Crown Office.”

He added: “To understand cause and effect, the SFRS report must be delivered so that the Crown can decide whether criminal prosecutions will follow.

“The chief fire officer has been written to by the Lord Advocate’s office, and they have been advised the report will be available in mid-April.”

The SFRS has been approached for comment.