By Jennifer Hyland,John Ferguson

Copyright dailyrecord

The family of death in custody victim Allan Marshall have demanded answers over a towel wrapped around his head during the brutal restraint that killed him. It comes after a landmark ruling at the Court of Session in Edinburgh last week in which the Scottish Prison Service admitted a breach of human rights law by unlawfully causing the 30-year-old’s death. Allan was on remand at HMP Edinburgh in March 2015 when he was restrained face down by 17 prison officers after suffering a mental health episode. He passed away after four days in a coma as a result of brain damage caused by oxygen starvation and cardiac arrest. The case sent shockwaves through Scotland after the Sunday Mail revealed shocking CCTV footage of the horrific incident in which a prison guard can be seen tightly holding what appears to be a towel trapped around his head. However authorities have consistently refused to give any explanation for why this fact was not acknowledged at a Fatal Accident Inquiry or explained since by authorities. Allan’s aunt Sharon MacFadyen said: “We are pleased with this court ruling because it finally confirms what we have known for years – Allan was unlawfully killed and people should have been held responsible. “But the fact is that we would not be getting these apologies if it wasn’t for this court ruling and the apologies are only meaningful if we are now going to get the whole truth. “There are still unanswered questions. We still have not been told why a towel was wrapped around Allan’s head when he was dragged out of the shower block. Was he effectively waterboarded to death with this towel. “We have asked for the full high quality CCTV but this has not been provided. “This was an utterly appalling incident and my belief has always been that Allan was murdered and that everyone from the prison officers up to the most senior management of HMP Edinburgh and the Scottish Prison Service need to take responsibility. “The police and Crown Office also need to explain why immunity was granted to people who clearly failed to tell the whole truth at a Fatal Accident Inquiry and instead covered their backs. “How could it be that there was no explanation for a towel which could well have been soaking wet given it has come out of a shower block being held around a man’s head who was left dead shortly afterwards. That makes no sense whatsoever. “I would now urge the prison service and the Crown Office, in light of their apologies, to look into this and explain what has gone on.” Waterboarding is a form of torture in which water is poured over a cloth covering the face and breathing passages of an immobilised victim. Allan was dragged naked and face down across a corridor during the restraint by guards. One of the most disturbing pieces of footage shows what appears to be a towel held tightly around his head and face in the corridor of the Segregation and Reintegration Unit. But there was no mention of the towel in a Fatal Accident Inquiry (FAI) determination apart from to say Allan was handed one as he entered the shower block. In the weeks after our report we asked Scottish Prison Service (SPS) chief executive Colin McConnell whether his management was aware of the use of the towel and whether its use was fully explained to police and prosecutors. No response to the question was received. His refusal to address the key issue was mirrored by then Lord Advocate James Wolffe and then Justice Secretary Humza Yousaf, who also refused to be drawn on what appears to have been a shocking oversight. His family has now received an apology from the prison service, Crown Office and Police Scotland after the Court of Session heard that the level of force went way beyond what was necessary. It is the first time that all three parties have publicly apologised, accepted it as an unlawful death and accepted that the state failed to adequately investigate. Allan, from Carluke in South Lanarkshire, was on remand for unpaid fines and breach of the peace charges when he experienced a mental health crisis. He was transferred to HMP Edinburgh’s segregation unit after prison officers said he had become agitated. The court heard that there was “never any need” for force to be used on Mr Marshall and that he should have received medical attention instead. It also heard that plastic cuffs were used and the “extent of force was plainly excessive and beyond what was necessary”. The KC acting on behalf of Scottish ministers and the Scottish Prison Service said they acknowledge the “significance and the gravity of such a concession in respect of an individual who was in the custody of the state at the time of his death” The Scottish Prison Service said it had “learned” from the incident and continually sought to improve how it supports staff and keeps people safe. A spokesman said: “We sincerely apologise for failings which resulted in the sad death of Mr Marshall and our thoughts and condolences remain with his family.” Jo Farrell, chief constable of Police Scotland, said: “The investigation following the death of Allan Marshall in 2015 fell below the standard required and for that I am sorry. “On behalf of Police Scotland, I apologise to Allan’s family and place on record my condolences for their loss.” Barbara Bolton, Partner and Legal Director at JustRight Scotland, said: “The Scottish Ministers, for the Scottish Prison Service, have finally admitted that Allan Marshall’s right to life was breached by the very institution responsible for his safety and wellbeing. “It has taken the family over ten years of campaigning to finally secure official confirmation of something that was obvious to them as soon as they saw the CCTV footage. “SPS should have acknowledged severe failures right away, made an unequivocal and public apology, and committed to measurable change to ensure it would never happen again. “Instead, they ignored the family, refused them information only SPS had access to, and denied any wrongdoing, for over ten years.” While individuals cannot be prosecuted the SPS as a whole is facing a corporate homicide investigation over Allan’s death. His family could also now sue the prison service and other authorities for damages. Don’t miss the latest news from around Scotland and beyond. Sign up to our daily newsletter .