The prosecution of two brothers who restrained a man in self-defence is a blatant example of double standards in our justice system.
Postmaster Edward Brown and his brother Alan were charged with culpable homicide after the incident with an agitated customer, who they mistakenly feared was carrying a knife.
They were cleared but their family’s lives have been ruined by the case.
Yet, the prison officers involved in the sustained restraint of – who suffered a cardiac arrest and later died – in Saughton Prison in 2015, have faced no charges.
In fact, they were granted immunity from prosecution over the incident.
Sheku Bayoh died in 2015 after being pinned to the ground by police in Fife and in October last year, the then Lord Advocate decided not to prosecute the nine officers involved.
Those in uniform, experts who knew the dangers of restraint, were given the benefit of the doubt while the untrained Brown brothers faced charges.
Each case is different and complex but the inaction in the Bayoh and Marshall deaths contrasts worryingly with the prosecution of the Browns.
Until the Scottish Government and the Lord Advocate act to ensure police and prison officers can’t act with impunity, public confidence in our legal system will not be restored.
