THE family of a man who died in a disturbance at a Glasgow restaurant have spoken of their devastation after an appeal against the decision not to prosecute the person responsible was turned down.

Samuel Thomson was fatally injured after being ‘restrained’ during an altercation at the Madha restaurant on Albion Street in December last year.

The 44-year-old, who lived in the Saltmarket area, suffered catastrophic brain damage as a result of the incident and passed away a week later.

A 45-year-old man was arrested and charged in connection with the disturbance, but all criminal proceedings were later dropped.

The Crown Office and Procurator Fiscal Service’s decision was appealed by his loved ones.

Following an agonising wait, they have now been told that the original decision has been classed as ‘reasonable’ and will not be changed.

A response given to the family states: “Crown Counsel has concluded that the restraint of Mr Thomson, and the events surrounding this tragic incident do not amount to criminal conduct.

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“As a result, there is insufficient admissible, reliable and credible evidence of a crime and as such, the original decision to discontinue proceedings was a reasonable exercise of the prosecutor’s judgement.

It adds: “Crown Counsel wishes to assure you and Mr Thomson’s family that the outcome of the review was not based on the character of Mr Thomson, nor that of the potential accused and that the decision was made solely on the basis of the available evidence. Crown Counsel offer their condolences and sympathy for your loss.”

Tom McGill, who has been leading the fight for justice on behalf of Samuel’s family, criticised the handling of the review and claimed the family have been left in the dark.

He said: “Words can’t describe how we feel.

“Why a life being taken in that way doesn’t constitute as a crime makes no sense to us.

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“We still haven’t received the results of the autopsy, seen the CCTV or read witness statements – no-one is talking to us. We can’t get closure from this.”

Samuel, who worked for public service provider Serco, was in Madha for a meal when a dispute arose about the bill which was £7 more than he expected.

Following a conversation between Samuel and a waiter on Albion Street, they returned to Madha where a further discussion took place and Samuel allegedly pushed the staff member.

An unknown individual, who was not a member of staff, approached from behind and began to restrain Samuel.

Samuel suffered hypoxic brain damage, caused by his oxygen supply being cut off.

He lost consciousness while being restrained and was left brain dead.

A Crown Office spokesman said: “The Procurator Fiscal deals with every case on its own individual facts and circumstances and will take action where there is sufficient evidence and it is in the public interest to do so.

“Following full and careful consideration of the facts and circumstances of this case, Crown Counsel instructed that there should be no further criminal proceedings.

“At the request of the family, the original decision was subject to a full review, carried out by a member of Crown Counsel who had no previous involvement in the case.

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"After a thorough review of all evidence in the case, including CCTV footage, Crown Counsel confirmed that the original decision not to prosecute was reasonable.”