Allan died aged 30 in 2015 after he was restrained by 17 prison officers whilst on remand in HMP Edinburgh in Saughton.
The Scottish Government has lost a bid to stop a court action brought by the family of a man who died after being restrained by 17 prison officers in custody. Lawyers for the Scottish Ministers asked judge Lord Sandison to halt a compensation claim brought by Sharon MacFadyen over the death of her nephew Allan Marshall.
The lawyers told the judge that their request should be granted because the police were investigating the circumstances surrounding Mr Marshall’s death. They said that the probe could result in criminal charges being brought against the Scottish Prison Service - an agency which the Scottish Ministers are responsible for operating.
“In this case, however, it remains entirely unclear whether the current investigation will reveal a sufficiency of evidence to support a prosecution in respect of any particular offence or, if it does, whether the second defender will consider it in the public interest for any such prosecution to be undertaken.
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