CROWN immunity must be scrapped and the “veil of secrecy” over the deaths of Katie Allan and William Lindsay must be lifted, according to Aamer Anwar.
The lawyer, acting on behalf of their families, made the renewed call as the Joint Fatal Accident Inquiry into their suicides gets underway at Falkirk Sheriff Court tommorrow.
Ms Allan, a 21-year-old student, had been sentenced to 16 months in prison after pleading guilty to drink-driving and causing serious injury by dangerous driving, but was found in her cell on June 4 2018 just days before she was eligible for release.
Mr Lindsay was only 16 years-old when he was jailed — despite a history of suicide attempts and being in and out of care 19 times in his short life — because of the lack of a children’s secure unit place.
He died just three days into his detention on October 7 2018.
Mr Anwar said the families “hold the Scottish Prison Service and Health Service directly responsible for their deaths and will fight to ensure that other lives can be saved.”
He said: “Prisoners are now twice as likely to die in prison in 2022 as someone was in 2008.
“In October 2022 the families were told the Crown Office had found that a breach of the Health and Safety Act at the prison ‘materially contributed’ to both deaths, but due to the operation of ‘Crown immunity’ no criminal proceedings could be raised against the Scottish Prison Service or the Scottish ministers.
“The lifting of Crown immunity must be a priority for the Scottish government.
“The irony is that had Katie or William died in a private prison, a police cell or mental health hospital, it would have been possible to prosecute them.”