Kilmarnock prisoner found dead in cell after not responding to morning roll call

The death of a prisoner who was found in his cell could not have been avoided despite rules on morning roll calls not being followed by prison officers, according to a probe.

Brendan Reilly, 34, an inmate at HMP Bowhouse in Kilmarnock, was discovered dead on the morning of June 11, 2021.

A post-mortem later confirmed Reilly had suffered etizolam intoxication and had also taken an opioid.

An inquiry was launched on Scottish Prison Service guidance regarding morning checks.

Sheriff Nicola Patrick said rules on morning roll calls by prison officers had not been followed on the day Reilly died, but that it did not contribute to his death.

The rules state officers must receive a verbal response from prisoners, but they did not hear anything from Reilly and moved on before they later found him dead.

The probe also heard a direct line between the Scottish Ambulance Service and the jail was not in place at the time and is yet to be implemented which the sheriff said should be carried out with a ‘matter of urgency’.

In a written judgment, Sheriff Patrick said: “Mr Reilly’s death was not the result of an accident.

“His death was a result of intoxication through ingestion of etizolam combined with buprenorphine.

“In all of the circumstances, I am satisfied that there were no further precautions which could reasonably have been taken which might realistically have resulted in the death of Mr Reilly being avoided.”

The sheriff added: “I offer my condolences to Mr Reilly’s family and thank them for their indication at the conclusion of the inquiry that they felt the circumstances surrounding his death had been fully explored.”

Following the publication of the determination, Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS said:  

“We note the Sheriff’s determination and the recommendations made. 

“The Procurator Fiscal ensured that the full facts and circumstances of Mr Reilly’s death were presented at the mandatory Fatal Accident Inquiry.” 