Prison and health board admit criminal charges over death of inmate from Covid

A private prison and a Scottish health board have pled guilty to failing to provide adequate medical care to a prisoner who died from Covid.

Calum Inglis died alone in his prison cell at HMP Addiewell in West Lothian after testing positive for Covid-19 in October 2021.

The 34-year-old was serving a three-year sentence for assault when he tested positive for the virus on October 12 – just months before he was due to be released.

At Edinburgh Sheriff Court on Friday, Sodexo Ltd and NHS Lothian pled guilty to one charge each under the Health and Safety Act for failing to provide adequate medical care for Calum.

The case is the first criminal prosecution in the UK for a death caused by Covid-19.

The court heard how Calum had been fit and healthy and used the prison gym daily prior to his death.

He was the first of 13 prisoners to test positive for Covid in Addiewell in October 2021 and was told to isolate in his cell for ten days to prevent the spread of the virus. He eventually tested positive on October 15.

Calum Inglis with sister Frances Marr and dad Alan Inglis STV News

In messages to his family and friends, he reported having difficulty breathing and said he was coughing up blood and unable to walk the length of his small cell.

Calum was asthmatic and unvaccinated, and died on October 24 after his health deteriorated rapidly while isolating in his cell.

The court heard that in the days during isolation, he made 17 requests for paracetamol and witness accounts say he made more requests by shouting through the hatch in the door.

Calum had no contact with medical professionals after being placed in isolation.

The court heard Sodexo had failed to adequately monitor Calum after he tested positive while Lothian health board, which provided prison healthcare services, had failed to put an adequate care plan in place for the prisoner.

In the final message sent from jail on October 23, Calum said: “Feel like I’m about 90 years old, completely burning up.”

He was found dead in his cell on October 24 at the West Lothian prison, which is run by Sodexo on behalf of the Scottish Prison Service.

Sheriff Julius Komorowski expressed his condolences to Calum’s family, saying he had died in “awful circumstances”.

The sheriff said: “This death must seem senseless.”

Fiscal depute Connor Muir said expert reports before the sheriff said there was a missed opportunity when his test results returned positive, as he had a history of asthma and was unvaccinated.

There were also said to be missed opportunities to provide Calum with appropriate medical care, including if he had been assessed on October 21, when his period of isolation ended and in the 24 hours before his death, when he could have been transferred to hospital.

Speaking on behalf of the family following the hearing, solicitor Aamer Anwar said: “Calum had a right to life, but his family believe he was treated worse than an animal.

“Left caged, terrified and alone, repeatedly pressing an intercom, screaming for help, coughing up blood.

“He was left to die alone and without dignity for 12 days, without any support from prison officers or healthcare staff from Lothian health board.”

He said the case is the “first successful prosecution in the United Kingdom for a Covid-19-related death”.

He said HMP Addiewell is “not fit for purpose” and called for Sodexo’s contract to be cancelled.

Mr Anwar said that at one point, Calum messaged his family to say “I can’t walk five steps in my cell without losing my breath”.

His mother Jennifer Inglis, a former nurse, said: “Knowing how my boy must have suffered in his cell for 12 days, it is something that will haunt me for the rest of my life.

“He was not just a prisoner. He was my son, a brother, an uncle, and a nephew. He was loved, he mattered.

“He deserved compassion, dignity, and proper medical care.”

She said she could not describe her “horror” at hearing of her son’s cause of death.

Calum’s sister Frances Marr said the family will continue to push for accountability for the individuals involved in her brother’s death at a fatal accident inquiry.

The case is next expected to call at Edinburgh Sheriff Court in December.

A Sodexo spokesperson said: “We extend our deepest sympathies to the family and loved ones of Calum Inglis following his death at HMP Addiewell in October 2021.

“However, as the legal proceedings have not yet concluded, it would be inappropriate for us to comment any further at this time.”

Dr Tracey Gillies, medical director, NHS Lothian, said: “We apologise unreservedly to the family of Mr Inglis for the failings in his care and offer our sincere condolences.

“NHS Lothian conducted a review following his death to ensure to ensure that lessons were learned and to prevent a repeat of similar circumstances. Since then, robust actions, for both NHS Lothian and SPS staff, have been implemented to improve standards of patient safety and care, including the adoption of welfare checks and associated procedures.”