Widow Launches Legal Action Over Firefighter's Death in Edinburgh Department Store Blaze
The widow of a firefighter who lost his life during a major blaze at the historic Jenners department store in Edinburgh has initiated legal proceedings against the fire service, citing alleged serious health and safety failings. Shelley Martin has publicly stated that her husband, Barry Martin, was sent into the inferno "unprepared and under-equipped" to face the deadly conditions.
Civil Action Filed in Court of Session
Mrs Martin's legal representative, Aamer Anwar, confirmed that a civil action was formally raised in the Court of Session in December 2025. The lawsuit names both the Scottish Fire and Rescue Service (SFRS) and Chamic Industrial Services, the company responsible for carrying out work at the Jenners building when the tragedy occurred. The widow is simultaneously demanding that the Lord Advocate intervene to accelerate a decision regarding potential criminal investigations stemming from the fire that happened three years prior.
Tragic Details of the Incident Emerge
Barry Martin, a 38-year-old recently qualified firefighter, sustained fatal injuries during the fire on January 23, 2023. According to Mr Anwar, Mr Martin was the least experienced firefighter at the scene and fell down a flight of stairs within just six minutes of entering the building. His breathing apparatus suffered damage, leading to a catastrophic loss of oxygen. Despite an emergency being declared at 12.12pm, Mr Martin did not exit with his team and was discovered at the bottom of the stairs, being carried from the building at 12.39pm.
The firefighter endured severe burns and hypoxic injuries, passing away in hospital four days later. Mrs Martin, a 39-year-old mother of twin boys, expressed her profound anger during a press conference, stating: "Firefighters are not expendable – they have the same fundamental right to life as anyone else." She emphasised that her husband's death should not be framed as an inevitable sacrifice of his chosen career.
Family's Ongoing Struggle for Answers
Shelley Martin described the devastating impact on her family, including her 11-year-old twins Oliver and Daniel, and condemned the lengthy delays in the investigation process. "It is unacceptable and abhorrent that we still don't have answers over three years later," she declared. "I am angry at the way the SFRS have sought to bury and cover this up. Delays of this length are not just painful, they affect our basic human rights to truth, dignity and justice, because grief does not pause while investigations stall."
Mrs Martin, who has since studied Scots law in response to the tragedy, highlighted the legal implications of such protracted delays, warning that they risk compromising the integrity of any future proceedings. She also noted with concern that firefighters continue to be recruited without full knowledge of what transpired during the Jenners incident.
Official Responses and Ongoing Investigations
Andrew Watt, deputy chief officer at the SFRS, responded by stating that their thoughts remain with Mr Martin's family and confirming that the Jenners fire remains subject to an active investigation led by Police Scotland, overseen by the Crown Office and Procurator Fiscal Service. Mr Anwar indicated that the Crown is considering criminal proceedings, which could include charges related to health and safety breaches or corporate homicide.
The Crown Office acknowledged receiving two prosecution reports from the Health and Safety Executive, with a spokesman confirming: "The investigation is ongoing, and we will continue to share significant developments with the family." Chamic Industrial Services was contacted for comment regarding the allegations.
