The Scottish Fire and Rescue Service has reportedly been notified it is a “suspect” as part of a probe into the death of a firefighter in the 2023 Jenners blaze.
It comes amid claims by widow Shelley Martin that her late husband, Barry, was sent into the former department store in Edinburgh “unprepared and underequipped”, and as a result lost his life.
Three years on, the Martin family are still waiting on a decision by the Crown Office and Procurator Fiscal Service (COPFS) on whether any criminal charges will be brought in regards to the fatal incident.
Mrs Martin, 39, met with Lord Advocate Dorothy Bain KC in Glasgow on Thursday.
Aamer Anwar, the family’s solicitor, said afterwards: “Shelley is deeply grateful for the Lord Advocate’s candour, compassion and support.
“The Lord Advocate advised that delays are due to the Scottish Fire and Rescue Service.
“Firefighter Barry Martin died, and the issue of concern is whether the Scottish Fire and Rescue Service and others are criminally responsible.”
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Mr Anwar noted that the Scottish Fire and Rescue Service (SFRS) has a statutory duty to investigate fires.
He added: “The UK’s top experts who gave evidence in Grenfell have been instructed by the Crown.
“However, to understand cause and effect, the SFRS report must be delivered so that the Crown can decide whether criminal prosecutions will follow.
“The chief fire officer has been written to by the Lord Advocate’s office, and they have been advised the report will be available in mid-April.
“Dorothy Bain KC stated that if the SFRS fail to deliver the report as promised, then she will demand a meeting with Scotland’s chief fire officer for an explanation.
“Lord Advocate Dorothy Bain KC confirmed today the Scottish Fire and Rescue Service have been notified that they are suspects in the case and must cooperate.”
The SFRS said it is continuing to “cooperate fully” with all external investigators.
Deputy Chief Officer Andrew Watt 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.
“We continue to cooperate fully with all external investigators and have maintained clear communication regarding investigation timescales and any requests for information.
“It would be inappropriate for SFRS to comment further while legal processes remain live.”
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Newly qualified firefighter Mr Martin, 38, died in hospital four days after suffering critical injuries in the blaze on 23 January 2023.
Mr Anwar 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 dad-of-two suffered “severe burns and hypoxic injuries”.
In December 2025, civil action was raised at the Court of Session against the SFRS and Chamic Industrial Services, the firm responsible for carrying out work at the Jenners building when Mr Martin died.
Chamic Industrial Services entered liquidation the same month.
Police Scotland previously said a report had been submitted to the procurator fiscal, with the force awaiting “further instruction”.
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A spokesperson for Ms Bain said: “I met with Shelley Martin today to update her personally on the work ongoing by COPFS and our partners into the death of her husband Barry Martin.
“This work, which seeks to establish the full facts of his death and to consider the question of criminality and issues of safety, is complex and detailed.
“I recognise the deep loss and enduring pain caused to Shelley and her family, and the frustrations felt as the investigations continue.
“The Crown can reach a decision only when all relevant information, reports, expert opinions, and evidence are fully available.
“The Crown shortly expects to receive a report from the Scottish Fire and Rescue Service, which must be considered before any final decision can be made.
“COPFS is committed to regular updates on progress made and will meet again soon with Shelley.”
