The Scottish Fire and Rescue Service has reportedly been informed it is a “suspect” as part of its investigation into the death of a firefighter in the 2023 Jenners fire.
It comes amid claims from widow Shelley Martin that her late husband Barry was sent to the former Edinburgh department store. “Unprepared and under-equipped”, and lost his life as a result.
Three years later, the Martin family are still awaiting a decision from the Crown Office and Procurator Fiscal Service (COPFS) on whether any criminal charges will be laid in relation to the fatal incident.
Mrs Martin, 39, met Lord Advocate Dorothy Bain Casey in Glasgow on Thursday.
The family’s lawyer Aamer Anwar later said: “Shelley is extremely grateful for the Lord Advocate’s candor, compassion and support.
“The Lord Advocate advised that the delay is due to the Scottish Fire and Rescue Service.
“Firefighter Barry Martin died, and the concern is whether the Scottish Fire and Rescue Service and others are criminally responsible.”
The fire broke out in January 2023. Photo: Councilor Norman Work
Mr Anwar said the Scottish Fire and Rescue Service (SFRS) had a statutory duty to investigate the fire.
He added: “The UK’s top experts giving evidence at Grenfell have been instructed by the Crown.
“However, to understand cause and effect, the SFRS report must be delivered so the Crown can decide whether or not to pursue a criminal prosecution.
“The Chief Fire Officer has been written to by the Lord Advocate’s Office, and has been advised that the report will be available in mid-April.
“Dorothy Bain Casey said that if the SFRS fails to deliver the report as promised, she will demand a meeting with the Chief Fire Officer for Scotland for an explanation.
“Lord Advocate Dorothy Bain Casey today confirmed that the Scottish Fire and Rescue Service have been informed that they are suspects in the case and should co-operate.”
The SFRS said it was continuing “full cooperation” with all external investigators.
Deputy Chief Officer Andrew Watt said: “Our thoughts are with the family of Firefighter Martin and everyone affected by the tragic incident at the former Jenners Building in 2023.
“The Jenners fire remains the subject of an ongoing and active investigation, which is being led by Police Scotland and supervised by the Crown Office and the Procurator Fiscal Service.
“We continue to cooperate fully with all external investigators and maintain clear communication regarding the timeline of the investigation and any requests for information.
“While legal processes remain ongoing, it would be inappropriate for SFRS to comment further.”
Newly qualified firefighter Mr Martin, 38, died in hospital On January 23, 2023, four days after being seriously injured in a fire.
Mr Anwar said Mr Martin was deployed as part of a four-person breathing apparatus team, and was the “least experienced firefighter”.
On the day Mr Martin was buried, crowds filled the streets of Edinburgh. Photo: PA
Mr Martin was said to have fallen down the stairs within six minutes of entry, and suffered “catastrophic air damage” as his kit was damaged.
Mr Anwar said the father of two suffered “severe burns and hypoxic injuries”.
A fire engine was used to transport Mr Martin’s coffin to St Giles Cathedral, Edinburgh. Photo: PA
In December 2025, civil action was sought in the Court of Session against SFRS and Chamic Industrial Services, the firm responsible for carrying out work at the Jenners Building at the time of Mr Martin’s death.
Chamic Industrial Services entered liquidation the same month.
Police scotland Earlier it was said that a report has been submitted to the Procurator Fiscal, and the force is awaiting “further instructions”.
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A spokesperson for Ms Benn said: “I met Shelley Martin today and personally briefed her on the work being done by COPFS and our colleagues following the death of her husband Barry Martin.
“This work, which seeks to establish the full facts of his death and consider questions of criminality and security issues, is complex and detailed.
“I recognize the deep loss and lasting pain suffered by Shelley and her family, and the frustration felt as the investigation continues.
“The Crown can only reach a decision when all relevant information, reports, expert opinions and evidence are fully available.
“The Crown expects to receive a report from the Scottish Fire and Rescue Service shortly, which should be considered before any final decisions are made.
“COPFS is committed to regular updates on progress and will be meeting again with Shelley soon.”
