Sheku’s family plan legal action against police chief.

Legal action to be launched ahead of third anniversary of Fife man’s death

The family of Sheku Bayoh are to sue Scotland’s top police officer for £2 million over his death in custody.

The father-of-two from Kirkcaldy died after being restrained by police officers on May 3, 2015, but three years on his relatives and partner Colette Bell are still fighting for the truth about what happened.

They are to launch legal action against Acting Chief Constable Iain Livingstone at the Court of Session in Edinburgh before it is time-barred on Thursday, the anniversary of his death, claiming officers were responsible.

Sheku, 31, died in Kirkcaldy’s Victoria Hospital shortly after the incident at the junction of the town’s Hayfield Road and Hendry Road.

In the hours after his death his family say they were given five different versions of events.

The Police Investigations and Review Commissioner handed over reports on his death in August 2015 and August 2016 but the Crown Office is yet to decide whether anyone will be charged.

Colette, mother of Sheku’s three-yearold son Isaac, said: “Three years later, I’m still awaiting answers for our son.

“Isaac has said his first words, taken his first steps, celebrated birthdays and started nursery, and all without his father at his side.

“The Crown keep saying it’s a complex investigation but I’m sick of excuses. If it was nine ordinary people who’d done this, I doubt the Lord Advocate would have taken three years to make up his mind.

“The police wrecked my life but Shek has not been forgotten. I will not rest until I have answers for myself, my son and the people of Scotland.”

Officers used CS spray, pepper spray and batons in the incident and Sheku suffered more than 20 facial cuts and bruises, petechial haemorrhages in his eyes – a sign of asphyxiation – a fractured rib and grazing.

A procurator fiscal’s report gave the cause of death as “sudden death in a man intoxicated by MDMA (ecstasy) and alphaPyrrolidinopentiophenone (the drug Flakka) whilst being restrained”.

Police Scotland Assistant Chief Constable Wayne Mawson said: “Our thoughts remain with Sheku Bayoh’s family and friends following his death and we continue to offer support to anyone affected by this tragic incident.

“We have been committed to cooperating with the PIRC and the Crown Office throughout the investigative process and we cannot comment further.”

A spokesman for the Crown Office said senior Crown Counsel and Crown Office officials met recently with the family and would continue to do so.

He said: “It is not appropriate at this stage to commit to any timescales given the nature of the investigation, however, it is anticipated a full report will be submitted for the consideration of Crown Counsel, the most senior lawyers in the Crown Office, in due course.”

Two police officers involved in the case remain on paid leave.

Left: Sheku Bayoh who died following an incident in Kirkcaldy in 2015. Right: Acting Chief Constable Iain Livingstone.