Inquiry – Wolffe unaware of pledge to Bayoh family

The Crown Office did not provide a handover regarding “commitments” made to the grieving family of Sheku Bayoh when a new lord advocate took over, an inquiry has heard.

Mr Bayoh, 31, a father of two, died after he was restrained on the ground by six police officers in Kirkcaldy on May 3 2015 after being arrested when under the influence of drugs.

The Sheku Bayoh Inquiry is examining the circumstances leading to his death, how police dealt with the aftermath, the investigation into his death and if race was a factor.

Giving evidence, former lord advocate James Wolffe KC said he was not given a handover about the case when he took over the role from Frank Mulholland KC in June 2016, and was unaware of “commitments” made to Mr Bayoh’s family until he met them in person.

He told the inquiry that questions asked of police officers by senior procurator fiscal depute Fiona Carnan “potentially” suggested her own unconscious bias.

During her evidence, Ms Carnan said she felt references made by officers to the murder of Fusilier Lee Rigby “were not unreasonable” as it was mentioned in a police briefing. However, PC Kayleigh Good had used the phrase “coloured male” when speaking about the 2013 terror attack.

When asked if the comment raised the possibility that assumptions about terrorism may have been linked to the colour of Mr Bayoh’s skin, Ms Carnan told the inquiry: “I have to say, no it didn’t.”

Senior counsel for the inquiry Angela Grahame KC said: “Is it fair to say that you would want these questions to be asked?”

The ex-lord advocate said questions could have included “whether or not if Mr Bayoh was white, they would have assumed the same thing”.

Mr Wolffe added: “There are questions that one would want to have seen answered and addressed.”

When asked by Ms Grahame if it suggested “unconscious bias” from the prosecutor, Mr Wolffe said: “Potentially, yes.”

He told the inquiry that race was critical to the investigation, and added: “It would be addressing all issues, relating to the question of criminality, including issues of race. It seemed to me that race should be taken into account as relevant to various stages of the investigation. The family should have been able to be assured that was the case.”

Mr Wolffe said he was unaware, when he met the family in person, of a commitment by Mr

Mulholland that an “inquiry” would be undertaken. He said a written handover would have helped the probe to be “planned” in anticipation of a Police Investigations and Review Commissioner (PIRC) report but could not remember a discussion taking place.

Mr Wolffe said the involvement of law officers “would have justified treating this case differently”.

The inquiry continues.

Sheku Bayoh and former lord advocate James Wolffe.