SFRSThe Crown has confirmed that it is waiting for the fatal Jenners blaze report from the Scottish Fire and Rescue Service before any criminality can be established.
Barry Martin 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 38-year-old newly-qualified firefighter served on Blue Watch at the city’s McDonald Road Fire Station.
Barry’s widow, Shelley, met with Lord Advocate Dorothy Bain alongside solicitor Aamer Anwar on Thursday to discuss the ongoing investigation into her husband’s death.
She believes the father-of-two should not have been sent into the Jenners building when there was no threat to life and alleges he was “unprepared and underequipped by the SFRS”.
The Crown are currently considering potential criminal proceedings, including health and safety breaches or corporate homicide.
Lord Advocate Dorothy Bain KC confirmed that the Scottish Fire and Rescue Service have been notified that they are suspects in the case.
Following the meeting with the Lord Advocate, Mr Anwar stated that the three-year wait for the fire service report into the fatal incident has “compounded the grief of Shelly Martin”.
He said: “The Lord Advocate met with Shelley today and advised that delays are due to the Scottish Fire and Rescue Service.
SFRS“Firefighter Barry Martin died, and the issue of concern is whether the Scottish Fire and Rescue Service and others are criminally responsible.
“The SFRS has a statutory duty to investigate fires, but time and time again, they have taken years to deliver reports for the Crown Office.”
Shelley Martin described the meeting with Lord Advocate Bain as a “constructive discussion”. She said she will make sure her husband receives “justice”
She added: “I remain deeply concerned that we are still waiting on the fire service report, which has been described as critical.
“I am hopeful that this report will be received by mid-April, when the SFRS has said it will arrive.
“My family and I continue to be involved, and continue to ask questions so that we reach an outcome and that Barry receives the justice he deserves.”
The Lord Advocate has confirmed she will only be able to establish if there is any criminality once she receives the Jenners blaze reports from the Scottish Fire and Rescue Service.
Lord Advocate Bain added: “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.
STV News“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.”
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.
Andrew Watt, the deputy chief officer at the SFRS, has confirmed the fire service will continue to “co-operate fully”.
He 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 co-operate 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.”
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.
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