The wife of a firefighter who died after tackling a large blaze at the former Jenners department store in Edinburgh has “serious concerns” about the circumstances of her husband’s death.
Barry Martin’s widow, Shelley, and his family are awaiting a decision from the Crown Office and Procurator Fiscal Service (COPFS) on whether to prosecute any individual or organisation.
Barry, 38, died on January 27, 2023, four days after he was critically injured while fighting a large fire at the former department store on Edinburgh’s Princes Street.
The recently-qualified firefighter served on Blue Watch at the city’s McDonald Road Fire Station.
SFRSShelley Martin held a news conference on Tuesday with her lawyer Aamer Anwar to outline serious concerns over the circumstances surrounding Barry’s death.
She believes Barry, a father of two, shouldn’t have been sent into the Jenners building when there was no threat to life and alleges he was “unprepared and underequipped by the SFRS”.
Shelley told reporters: “Barry should never have been sent into the building.
“I will never ask anyone to pick a side, I will only ever ask people to stand on the side of safety, truth and human life.
“Barry Martin was a Scottish firefighter, a father and my husband. He went to work to keep other people safe and he never came home.
“For three years, my family has been actively seeking answers about how and why Barry died. 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.
“I was driven to study Scots Law because of what happened to Barry and I understand acutely what delay means – not just emotionally, but legally.
“When a process remains unresolved for this long, the integrity of any future proceedings is placed at risk. Timely investigation is not a courtesy, it is a fundamental safeguard.”
STV NewsShelly went on to say that firefighters across Scotland continue to be recruited across the service without knowing what happened to Barry.
“They attend incidents every day without the full knowledge they deserve about his death or about the risks they are expected to take,” she said.
“Since Barry’s death we have heard repeated reference to the words ‘inherent risk’. ‘It comes with the job’ is what we read and hear but inherent risk does not mean inevitability, it does not mean that loss of life is acceptable.
“Firefighters accept the risk of danger. They do not consent to unnecessary or unpreventable death. Firefighters are not expendable. They have the same fundamental right to life as anyone else and that right must be protected at work.
“Barry Martin’s death was not a consequence of the career he chose. We ask that it is never framed as a sacrifice. Barry should never be reduced to a symbol – he was a person and his life and death must never be made abstract.
“His death was the result of decision that must be capable of examination. This prolonged delay and continued inaction left me with a choice – remain silent or act in the public interest. For our family, silence is not an option.”
Thousands of firefighters lined the streets of Edinburgh ahead of Barry’s funeral at St Giles’ Cathedral in February 2023.
Getty ImagesPolice Scotland commenced an investigation following Barry’s death.
A civil action was also raised in the Court of Session in December 2025 against the Scottish Fire and Rescue Service and Chamic Industrial Services, the company responsible for carrying out work at the Jenners Building when Barry died.
The Crown are currently considering potential criminal proceedings, including health and safety breaches or corporate homicide.
STV NewsAnwar said: “There was no threat to life in an empty building. Barry was positioned as firefighter three in the team and was the least-experienced firefighter present.
“Within six minutes of entry, Barry fell down a flight of stairs, suffering a catastrophic lack of air after his breathing apparatus kit was damaged, causing a rapid release of oxygen.
“Three years on, Barry’s family are still waiting on a decision from the Crown Office and Procurator Fiscal Service on whether to prosecute any individual or organisation for Barry’s death.
“Shelley Martin believes our 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.”
Andrew Watt, deputy chief officer at the Scottish Fire and Rescue Service, 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.
“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 co‑operate fully with all external investigations.”
The Crown Office says it has received a death report and two prosecution reports from the Health and Safety Executive in relation to the incident.
A spokesperson for the Crown Office and Procurator Fiscal Service said: “Standard prosecution reports has been received by the Crown Office and Procurator Fiscal Service from the Health and Safety Executive in connection with the death of Barry Martin in Edinburgh on 27 January 2023.
“The investigation is ongoing, and we will continue to share significant developments with the Martin family.
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