The widow of a newly-qualified firefighter who died in the 2023 Jenners blaze has criticised the “unacceptable and abhorrent” delay around the investigation into his death.
Shelley Martin is claiming her late husband, Barry, was sent into the former department store in Edinburgh “unprepared and underequipped”, and as a result lost his life.
Mrs Martin, 39, spoke out on Tuesday as the Crown Office and Procurator Fiscal Service (COPFS) considers possible criminal prosecutions over the fatal fire.
At a press conference in Glasgow, she 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.”
Mr Martin, 38, died in hospital four days after suffering critical injuries in the blaze on 23 January 2023.
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Aamer Anwar, the family’s solicitor, said Mr Martin was deployed as part of a four-person breathing apparatus team, and was the “least experienced firefighter present”.
Mr Martin was said to have fallen down a flight of stairs within six minutes of entry, and suffered a “catastrophic loss of air” after his kit was damaged.
Mr Anwar said the firefighter suffered “severe burns and hypoxic injuries”.
The lawyer added: “Shelley Martin believes her husband Barry, a newly-qualified firefighter, should never have been sent into Jenners building when there was no threat to life.
“She believes he was sent in ‘unprepared and underequipped’, and as a result lost his life.”
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Mrs Martin added: “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.”
In December 2025, civil action was raised at the Court of Session against the Scottish Fire and Rescue Service (SFRS) and Chamic Industrial Services, the firm responsible for carrying out work at the Jenners building when Mr Martin died.
Andrew Watt, SFRS deputy chief officer, said the service’s thoughts “remain firmly” with Mr Martin’s family, and all of those affected by the incident.
He added: “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 cooperate fully with all external investigations.”
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Police Scotland said a report had been submitted to the procurator fiscal, and the force is awaiting “further instruction”.
COPFS said it had received standard prosecution reports from the Health and Safety Executive.
A spokesperson added: “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.”
