Fatal Accident Inquiry over Shotts Prison deaths to look at drug use

An inquiry into the deaths of three prisoners within months of each other will focus on how illegal drugs enter the prison estate and circulate there.

Conjoined fatal accident inquiries (FAI) are to be held into the deaths of James Garscadden, Thomas Thompson and Marius Bauba, who were in custody at HMP Shotts in North Lanarkshire.

Their deaths happened within a four-month period in 2021 and involved the consumption of a variety of illegal and prescription drugs, including etizolam.

Consumption of drugs

At a virtual preliminary hearing on Thursday, fiscal depute Jennifer Guy said that the FAI will explore issues including policies around drugs in prison, and the use of overdose treatment naloxone at HMP Shotts.

She said: "The Crown focus for all three deaths is in relation to how illegal drugs enter the prison estate, how they and prescribed medication circulated in the prison; focusing on the policies and procedures to prevent this happening, and how they manage the situation when those drugs and medication are in circulation

"Additionally, in relation to the death of Mr Bauba, the Crown focus will be on the code red, code blue policy in place within the Scottish prison estate and the use of naloxone within HMP Shotts."

FAI to last three days

Mr Thompson, 46, was found dead in his cell on April 17 2021; while Mr Garscadden, 32, was found dead in his cell on the morning of June 27 2021. Mr Bauba, 28, died at Wishaw General Hospital on July 24 2021.

The Scottish Prison Service, Prison Officers Association, NHS Lanarkshire and the family of Mr Garscadden will be represented at the FAI.

It will last about three days and is expected to hear from prison officers and two nurses.

Ms Guy said: "The Crown has identified a number of prison officers and two nurses as likely to be cited.

"The focus for the Crown of the evidence from those witnesses will be around the actions taken with reference to the code red, code blue policy where Mr Bauba is first discovered by the officers in the afternoon and then the use of naloxone by staff within the prison, that will be the focus of the evidence."

Establish the facts

Conjoined inquiries are administratively separate but are held together because of similarities in the facts and circumstances.

Sheriff Liam Murphy set a further virtual preliminary hearing for September 21. The FAI itself will also be held virtually.

Unlike criminal proceedings, FAIs are inquisitorial in nature, and are used to establish facts rather than apportion blame.

The purpose of an FAI includes determining the cause of death, the circumstances in which the death occurred, and establishing what, if any, reasonable precautions could have been taken, and could be implemented in the future, to minimise the risk of future deaths in similar circumstances.

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