Brendan Reilly died while serving a life sentence at HMP Kilmarnock
AN INQUIRY into the death of a killer at Ayrshire’s only prison has concluded that it could not reasonably have been avoided.
Brendan Reilly, 34, was serving a life sentence for the fatal stabbing of 20-year-old David Wilson in Port Glasgow in 2005 when he died in his cell at HMP Kilmarnock on June 11, 2021.
A fatal accident inquiry (FAI) was held at Kilmarnock Sheriff Court to establish whether any precautions could have been taken to avoid his death.
Following a post-mortem, Reilly’s cause of death was established as etizolam intoxication.
He was also found to have taken opioid buprenorphine.
Two prison guards had carried out a roll call procedure on the morning of Reilly’s death, but did not receive a verbal response after calling his name.
The custody officers told the FAI they had taken the view that he was still asleep and did not identify any cause for concern in relation to his wellbeing.
Reilly was known to have an alarm clock in his cell which was usually set for 7am – later than the roll count procedure – and that he would normally rise at this time.
An officer later found Reilly unresponsive in his cell and issued a ‘code blue’ via the prison radio.
Several members of prison nursing staff attended, with attempts being made to revive him.
He was pronounced dead when nurses agreed to cease CPR at 8.29am.
In a written determination, Sheriff Nicola Patrick noted that the lack of compliance with roll count procedure – which required officers to obtain a verbal response from prisoners – did not contribute to Reilly’s death.
She said it was an ‘proactive decision’ on the custody officers’ part to apply ‘discretion’ to the policy, but acknowledged that the failure to adhere to protocols was ‘fully accepted’ by both of them in their evidence given to the FAI.
Sheriff Patrick added: “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.
“Having carefully considered all of the evidence before the inquiry and for the reasons set out, I have made the findings as detailed at the commencement of this determination.
“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.”
A Significant Adverse Event Review previously recommended that arrangements be made in relation to a dedicated phone line between the Scottish Ambulance Service and HMP Kilmarnock.
This is yet to be actioned, with Sheriff Patrick noting that it should be addressed as a ‘matter of urgency’.
Following the publication of the determination, Procurator Fiscal Andy Shanks, who leads on fatalities investigations for the Crown Office and Procurator Fiscal Service, 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 FAI.”
