Sheku Bayoh family ‘devastated’ as charges ruled out
There are calls for a public inquiry into the death of Sheku Bayoh after his family said they felt “betrayed” by a decision not to prosecute anyone in connection with the case.
Mr Bayoh, 31, died in Kirkcaldy in May 2015 after being restrained by police officers who had been called to deal with a disturbance.
Yesterday his family met with Lord Advocate James Wolffe, who confirmed no charges would be brought against any of the officers involved.
Inquest – a charity that supports families bereaved by “state-related deaths” – said the issue of race as well as the police use of restraint raised important questions that could only be answered by a public inquiry.
Mr Bayoh – a father-of-two who came to live in Scotland from Sierra Leone – is understood to have been struck with batons and pepper sprayed by officers responding to calls about a man with a knife.
A post-mortem examination showed he had received a number of injuries to his body, face and head.
It was also established he had taken ecstasy and had traces of Flakka in his system, a drug linked to erratic behaviour.
In a statement made on behalf of Mr Bayoh’s family, lawyer Aamer Anwar said: “The family is devastated and feel nothing but a total betrayal by the Lord Advocate’s decision not to prosecute any of the nine officers or Police Scotland.
“Sheku’s family believe they have been failed by those who have a duty to protect the public and uphold the rule of law.”
Mr an war said mr bay oh had been “empty handed” when he first encountered police officers and had tried to walk away before being “attacked by the police at least three times before he reacted”.
He added: “The family will accept nothing less than a public inquiry from the Scottish Government.
“A fatal accident inquiry would be another betrayal and would do nothing to bring about real change, accountability and justice.”
Deborah Coles, director of Inquest who joined the family for their meeting with the Lord Advocate, said: “It is absolutely disgraceful that it has taken three years to get to this position.
“This family are grieving and this has caused immense physical and emotional turmoil.
“Inquest supports the call for a public inquiry because we recognise that there are far greater issues about the circumstances of Sheku’s death and the dangerous use of restraint, but also the fact Sheku was a young black man restrained by white police officers. The issue of race is, we feel, particularly relevant here.”
Yesterday Labour MSP Claire Baker and Green MSP John Finnie were among those joining calls for a full public inquiry.
After meeting with the family yesterday, justice secretary Humza Yousaf said a public inquiry had not been ruled out.
He said: “That definitely remains an option, but it is a decision that we can take only once the process around crim-
inal proceedings has been fully exhausted.
“Once this process has concluded I have committed that I will update the family and Parliament on any next steps.”
A spokesman for the Crown Office and Procurator Fiscal Service (COPFS) said: “[The Crown] is committed to ensuring that the facts and circumstances surrounding the death of Sheku Bayoh are fully aired in an appropriate legal forum and, to that end, it has discussed possible next steps with a small number of colleagues in the justice system.
“In order to protect any potential proceedings and to preserve the rights of the family, the Crown will not comment further at this stage.”
Peter Watson, the lawyer representing the police officers involved in the case, said: “We will continue to preserve our position and represent the interests of those concerned in this matter when this comes before a court of law.
“The death of any individual is a serious matter and is best dealt with based on evidence tested in court rather than issuing press releases.”
“It is absolutely disgraceful that it has taken three years to get to this position. This family are grieving and this has caused immense … turmoil” DEBORAH COLES Inquest director