An inmate who died after using drugs behind bars is an “unfortunate victim” of wartime prison authorities’ fight against substance use, a sheriff has said.

Anthony McCarthy died in his cell at HMP Kilmarnock at around 8:18 a.m. on September 28, 2020.

An autopsy concluded that his death was drug-related, with the cause of death being intoxication from cocaine, flubromazolam and synthetic cannabinoid receptor agonists.

A mandatory Fatal Accident Inquiry (FAI) into his death found no other precautions could have been taken to avoid it and made no recommendations.

Sheriff Colin Bissett said prison authorities face a constant battle against drugs.

In his written decision he said: “The fact that Mr. McCarthy died as a result of ingesting three different illegal drugs in his prison cell demonstrates the scale of the challenge facing prison authorities in preventing such substances enter and circulate within the prison grounds. »

He explained that drugs do this because of “determined and ever more inventive attempts to circumvent prison security.”

The FAI held at Kilmarnock Sheriff Court in March 2023 heard that at no time after his arrival at HMP Kilmarnock did McCarthy’s conduct give rise to suspicions that he was using drugs.

After his death, detectives found several items in his cell, including four blue tablets, a paper wrapper containing brown paper, a kettle with a sock inside, a plastic pen modified to be used as a pipe and a quantity of medications prescribed.

Forensic examination identified the tablets as containing a benzodiazepine and the paper, Spice, a synthetic cannabinoid.

Police were unable to determine where this information was obtained.

The inquest heard that CCTV recorded McCarthy receiving an item from another prisoner the day before he died, but this was not noticed until the following day.

The sheriff ruled that “the fact that no (video surveillance) operator observed the incident while monitoring images from some 300 cameras did not constitute a defect in the system.”

He said: “The fact that Mr McCarthy had access to the substances which killed him speaks volumes about the failure of the precautions taken by the prison to prevent this.

“I am not convinced, however, that there are other precautions that could reasonably have been taken that were not.

“Prison authorities continue to devote significant time, attention and money to preventing the entry of illegal drugs.

“They are doing everything that can reasonably be done, taking into account limited resources, the need to respect the human rights of prisoners and visitors to the prison compound and the wide availability of these substances in society at large.

“One can hope that continued technological advances will enable them to win the war against drug addiction within the prison field, a war in which Mr. McCarthy has been an unfortunate victim. »

In its submissions to the FAI, the Crown said HMP Kilmarnock, which was at the time run by Serco on behalf of the Scottish Prison Service (SPS), used various systems and methods to prevent drugs from entering the premises. the prison.

He described the measures as “comprehensive and subject to regular review in light of changing trends and patterns of drug use”.

The Crown’s submissions said: “It was this regular examination that led to the introduction of a new scanner to trace psychoactive substances. »

This diligence, which exceeds SPS’s contractual requirements, “suggests that there is no identifiable defect in the relevant system of work”, it added.

HMP Kilmarnock was transferred to the SPS on March 17 this year.

SPS and Serco have been contacted for comment.

The purpose of an ISP is to establish the circumstances of the death and to consider what steps, if any, can be taken to prevent further deaths in similar circumstances.

Unlike a criminal trial, it aims to establish the facts surrounding the death and is not a hearing aimed at allocating responsibility.

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