Newly-qualified firefighter who died in Jenners blaze sent in 'unprepared and underequipped'
Widow raises “serious concerns” about circumstances of her husband’s death
The widow of a newly-qualified firefighter who died in the Jenners blaze in Edinburgh has raised “serious concerns” about the circumstances of his death after he fell down stairs in the smoke-filled former department store.
Shelley Martin claimed her husband Barry was sent into the building “unprepared and underequipped by the Scottish Fire and Rescue Service” (SFRS) on January 23 2023.
She was speaking on Tuesday as the Crown Office considers a possible criminal prosecution into the death in the building in Princes Street.
A civil action has also been raised at the Court of Session in December against the SFRS and Chamic Industrial Services, the firm which was working on the building.
Mr Martin, 38, died four days after suffering “catastrophic injuries” in the fire - the first firefighter in Scotland to die on duty for 14 years.
Aamer Anwar, Mrs Martin’s solicitor, said the firefighter had been the least experienced of a four-person breathing apparatus (BA) team who entered the burning building at 11.35am.
He said: “Within six minutes of entry, Barry fell down a flight of stairs, suffering a catastrophic loss of air after his BA kit was damaged, causing a rapid release of oxygen.
“An emergency was declared at 12:12pm. Barry did not exit the building with the rest of his team. His distress signal unit activated at 12:16pm.
“Barry was eventually located at the bottom of the stairs and carried from the building at 12:39pm, approximately 33 minutes after entry and 27 minutes after the emergency was declared.
“Barry sustained severe burns and hypoxic injuries. He died in hospital on Friday January 23 2023 from fire-related injuries and complications.”
Mrs Martin, 39, criticised the time the investigations were taking.
She said: “Firefighters across Scotland continue to be recruited into the service without knowing what happened to Barry.
“They attend incidents every day without the full knowledge they deserve about his death or about the risks they are expected to take.
“Firefighters accept the risk of danger. They do not consent to unnecessary or preventable death. Firefighters are not expendable.”
Asked about the biggest failing at the incident, she said: “Barry should never have been sent into the building.”
Mrs Martin said: "Barry's death has had a devastating impact on me and our two boys.
"My children have been forced to grow up much faster than they should have. Their father's horrific death was a burden placed on our twin boys at eight years old.
"Barry was a devoted family man, who was proud of the job he did. It is unacceptable and abhorrent that we still don't have answers over three years later.
"I am angry at the way the Scottish Fire and Rescue Service have sought to bury and cover this up. I'm also not surprised. It's typical, institutionalised behaviour and that's why I won't go away.
"I think it's very clear that they've moved into risk management in trying to handle me."
She said the fire service was no longer referring to Barry by his name, instead calling him her "late husband".
She continued: "The callous language the Scottish Fire and Rescue Service use is typical of an institution when it is challenged.
"The Crown delays are unacceptable, and I appeal directly to the Lord Advocate to take action.
"I find it unbelievable that I was told there would be no decision until potentially autumn of this year.
"It made me question the efficiency of the process, but I can't give up, not just for Barry's sake, or my boys, but for every firefighter that risks their lives every day."
Mr Anwar said the Crown Office was considering potential criminal proceedings, including health and safety breaches or corporate homicide.
He said: “The family are led to believe that reports were instructed that have found fundamental failures in the manner in which the situation was dealt with, that potentially could lead to homicide charges.”
He said in May 2024, Police Scotland shared concerns arising from a joint SFRS/Fire Brigades union investigation, “identifying failures in close personal contact, communication, and briefing procedures”.
Mr Anwar also said an independent expert report three months later identified “ten systemic failures by SFRS contributing to Barry’s death”.
Andrew Watt, Deputy Chief Officer at the SFRS, said: “Our thoughts remain firmly with Firefighter Martin’s family and all of those affected by the tragic incident which took place at the former Jenners Building in 2023.
“The Jenners fire remains subject to an ongoing and active investigation which is being led by Police Scotland and overseen by the Crown Office and Procurator Fiscal Service.
“It would therefore be inappropriate for SFRS to comment on any specific claims while these legal processes remain live.
“We have and will continue to co‑operate fully with all external investigations.”
The Crown Office and Procurator Fiscal Service (COPFS) said it had received standard prosecution reports from the Health and Safety Executive in connection with the death.
Its spokesperson said: “We recognise the deep loss felt by Barry Martin’s family and their wish to understand the full facts of his tragic death.
”COPFS are considering the circumstances of Barry’s death thoroughly and independently as we seek to establish what happened, consider the question of criminality and issues of safety.
“This complex and detailed investigation is ongoing, and we will continue to share significant developments with the Martin family.”
A Fire Brigades Union spokesperson said: “The thoughts of everyone at the union are with Barry's wife and family, his colleagues and all who knew him.
"It would not be appropriate for the FBU to make comment relating to the details of the Jenners fire at this stage.
“As a union we will continue to support our members involved in this incident and await the completion of the relevant investigations into this tragedy.”