Private prison prosecuted over inmate's Covid death
The case, which alleges negligence by HMP Addiewell in West Lothian in its treatment of Calum Inglis, 34, will be the first criminal prosecution of a private prison in Scotland.
Inglis, 34, died alone in his cell in HMP Addiewell, West Lothian, 12 days after being diagnosed with the virus in October 2021.
It is alleged that Inglis, who was asthmatic and unvaccinated, was complaining of being short of breath and coughing up blood and that during his last four days of life, he repeatedly requested medical attention via his cell intercom, but nobody came.
He was serving a sentence for serious assault.
After a meeting on Wednesday with Inglis's family in Edinburgh, Dorothy Bain KC, the Lord Advocate, said she was 'committed to ensuring that the facts and circumstances surrounding Calum's death are thoroughly investigated by the relevant agencies'.
Aamer Anwar, the family's solicitor, described the proceedings against HMP Addiewell, which is run by Sodexo Justice Services under contract to the Scottish Prison Service, as 'historic'.
He called on Scottish ministers to remove HMP Addiewell from private ownership, adding that it was untenable for a prison 'to be run for profit'.
Mr Anwar said Inglis suffered an 'agonising' death on Oct 24 2021. He added that the prosecution will be the first of a private prison in Scotland, and one of the first relating to 6,000 Covid deaths reported to the Crown Office, including 15 prison deaths.
'The family are grateful to the Lord Advocate for giving them hope of justice,' said Mr Anwar.
'Today she told them that she has instructed a criminal prosecution of Addiewell prison, run by Sodexo Ltd, and Lothian Health Board for their alleged failures to properly manage the medical care of Calum Inglis.
'Calum was a much-loved son and brother. His family hope that their love for him, the relentless campaign they have fought for him, will leave a lasting legacy.'
Inglis's family has spent three-and-a-half years campaigning for an investigation into his death and participated in both the UK Covid-19 Inquiry and the Scottish Covid-19 Inquiry.
His father, Alan, said: 'It has taken three-and-a-half years to be here. After the meeting with the Lord Advocate, it is apparent that the investigation was very thorough.
'It's a reflection of that, they have all the information they need to go forward. For that we are grateful.'
He said participating in the inquiries had opened up 'a roller-coaster of emotions' and served as a reminder of 'Calum's circumstances and the way he died'.
Frances Marr, Inglis's sister, said: 'It is the best news we could have hoped for.'
Ms Bain said: 'I understand the tragic loss felt by Calum's family and their wish to know what happened to him, and would like to thank them for meeting with me today to talk about the progress of the investigation.
'I am committed to ensuring that the facts and circumstances surrounding Calum's death are thoroughly investigated by the relevant agencies, fully considered by the Crown Office and Procurator Fiscal Service, and aired in the appropriate legal forum.
'The family and their legal representative will continue to be kept updated in accordance with their wishes.'
A spokesman at HMP Addiewell said: 'We understand that this continues to be a very difficult time for Mr Inglis's family and our thoughts and condolences remain with them.
'It would be inappropriate to comment further at this stage, but I can confirm that we are continuing to work with all relevant authorities in advance of any future fatal accident inquiry.'
A Scottish Prison Service spokesman said: 'Our thoughts continue to be with the family and loved ones of Mr Inglis. The Scottish Prison Service is fully committed to working with the Scottish Covid Inquiry and supporting its important work.'
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