All three men died while in legal custody at HMP Shotts. Their deaths all occurred within a four-month period and involved the consumption of a variety of illegal and prescription drugs, including etizolam. An FAI is mandatory under Section 2(4)(a) of the Inquiries into the Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.

Preliminary hearings will be held on 20 July 2023 at Hamilton Sheriff Court.

Procurator fiscal Andy Shanks, who leads on fatalities investigations for COPFS, said: “The lord advocate considers that the deaths of James Garscadden, Thomas Thomson and Marius Bauba occurred while in custody and as such Fatal Accident Inquiry are mandatory. The lodging of the First Notice enables FAI proceedings to commence under the direction of the Sheriff.

“An FAI will allow a full public airing of all the evidence at which families and other interested parties can be represented. The evidence will be tested in a public setting and be the subject of judicial determination.

“The families and their legal representatives will continue to be kept informed of significant developments as court proceedings progress.”