Immunity loophole ‘must be closed’

In their civil action, Sheku Bayoh’s family claim the manner of restraining him was dangerous and not compliant with operating procedures.

The way he was restrained was not reasonable, proportionate or necessary, they say, and caused positional asphyxiation.

Police Scotland, they allege, failed to provide the appropriate training on restraint to its officers and the officers caused or materially contributed to Sheku’s death.

The force, they say, failed in its duty of reasonable care to protect the life of Sheku whose death could have been avoided. Police Investigations and Review Commissioner Kate Frame, they say, failed their family, officers and Police Scotland, delaying an inquiry.

Sheku was restrained around 7.30am and died in hospital just after 9am.

Lawyer Aamer Anwar said that within an hour of the death the nine officers involved returned to the police station and were put in a room together for several hours.

They then, he said, failed to provide statements to senior officers or PIRC investigators for 32 days. Mr Anwar said: “The family have asked the question that if nine members of the public used weapons and restrained someone, who then died on a public street, would those nine members of the public be given the courtesy or picking a time and choice of when they could give their statements?

“The Lord Advocate, Police Scotland as well as the Scottish Government must take action on this loophole that creates immunity for police officers, before somebody else dies,” Mr Anwar added.

PIRC Kate Frame.