A private prison and a Scottish health board are to face criminal prosecution over alleged failures that led to the death of an inmate.
Calum Inglis died alone in his prison cell at HMP Addiewell in West Lothain 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 h was due to be released.
Calum was able to send text messages describing his worsening condition during his final days when he was coughing up blood and unable to walk the length of his small cell.
He was asthmatic and unvaccinated, and died on October 24 after his health deteriorated rapidly while isolating in his cell.
His family claim that during the 12-day period after testing positive, he was not seen by a nurse, and reported being breathless and coughing up significant amounts of blood.
They say he repeatedly requested medical attention via his cell intercom and was promised by prison officers that someone would see him in the morning, but nobody came.
‘Historic’ prosecution
The Lord Advocate met with Mr Ignlis’s family on Wednesday and has instructed a criminal prosecution of Addiewell Prison, run by Sodexo Ltd, and NHS Lothian for their alleged failures to properly manage his medical care.
In a statement on behalf of his family, Aamer Anwar described the prosecution as “historic”.
“It will be the first prosecution of a private prison in Scotland, but also one of the first prosecutions relating to 6,000 Covid deaths reported to Crown Office, including 15 prison deaths”, they said.

“Calum was 34, when he contracted Covid-19 as a prisoner at Addiewell prison in October 2021. He was diagnosed with Covid on October 12, 2021. On October 24, 2021, he was found lying dead, after being left alone to suffer a slow and agonising death.
“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.”
Alan Inglis, Calum’s dad: “It’s taken three and a half years to get here. But after the meeting with the Lord Advocate this morning, it’s clear that the investigation that they’ve carried out into Calum’s death has been very thorough.
“And as a result of that, they have all the information they need to go forward with this prosecution. So for that, you know, we are hugely, hugely grateful.”
Frances Marr, Calum’s sister: “We’ve basically just carried each other throughout the last three and a half years.
“We’re a really good support network, we’ve got really good, you know, contacts, Calum’s friends ultimately have helped us a huge amount in supporting us.”
Jen Inglis, Calum’s mum: “Thankfully you know today we heard great news and it’s all really positive and yeah it’s like, you know we’re going to help other families.”
Dorothy Bain KC 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 COPFS 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 spokesperson 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 spokesperson said: “Our thoughts continue to be with the family and loved ones of Mr Inglis.”
Tracey Gillies, Medical Director for NHS Lothian, said: “We are unable to comment on a current legal case.
“Our thoughts and condolences remain with Calum’s family.”
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