New CCTV footage contradicts prison death evidence

All the prison officers involved in the restraint of Allan Marshall were granted lifetime immunity from prosecution to persuade them to give evidence at a fatal accident inquiry. This was a decision the Crown Office later admitted was a mistake. In an attempt to get what she sees as justice for her nephew, Sharon MacFadyen instead took a human rights case against the authorities involved in his death and the subsequent investigation. It was the first in Scotland using article two 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 prison service did not. Judge Lady Ross is expected to make a decision next month on the levels of damages they should pay. The Scottish Prison Service admitted in September that Marshall's death was unlawful - 10 years on from the fatality. Last September his family received an apology from the prison service, Crown Office and Police Scotland after the Court of Session heard that the level of force went beyond what was necessary. It was the first time that all three parties publicly apologised, accepted it as an unlawful death and accepted that the state failed 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. …