We’re worn down by the lack of justice...but we will keep fighting
The family of a man who died covered in injuries after being restrained by police say they’ve been worn down by a five-year fight for answers. Sheku Bayoh, 31, was pronounced dead after being held by up to nine officers in the street near his Kirkcaldy home five years ago today on May 3, 2015. On the anniversary of his death, his family say they still do not know the truth of what happened. A public inquiry was announced last year after the Crown Office finally decided none of the officers involved nor Police Scotland would face any charges over the death. Sheku’s sister Kadi, 42, a nurse, of Edinburgh, said: “We are feeling down and miss Sheku so much. It’s been five years and still there are no answers. “We have long given up hope that any of the police involved will be held accountable. We just want to know why Sheku ended up dying in such a brutal way.” The family planned a memorial service at Templehall Community Centre, near where Sheku stayed with partner Collette, but had to cancel due to coronavirus restrictions. Kadi said: “We will remember Sheku in our own way. Our mum stays with me and we will be in touch with family in London to remember him. “We are fed up with the lack of justice and worn down by it all but we keep going in the hope the truth will finally come out.” The Bayoh family’s solicitor Aamer Anwar said: “When I met the family and Collette within 24 hours of Sheku’s death I warned them to prepare for the long-haul. I never expected it could take five years and more. “From the moment Sheku died in police custody his family and Collette have been failed by those who have a duty to protect the public and uphold the law. Sheku did not deserve to die. “A civil action will proceed against the Chief Constable but it is likely the Public Inquiry will take precedence. “This case is a fundamental test of the accountability of those who claim to be our guardians of law and order. In a civilised society there must never be a hiding place for police who break the law.” Sheku, a dad-of-two, died after being restrained by officers responding to a report of a man carrying a knife. No weapon was found on him. A knife was later discovered by police nearby. A post mortem revealed Sheku’s body was covered in cuts and bruises, including a large gash on his head. He had a broken rib and petechial haemorrhages – a sign of asphyxiation – in his eyes. He had taken the drugs MDMA and flakka and the cause of death was recorded as sudden death of a man intoxicated by these drugs “while being restrained”. It took 32 days for police officers involved to provide statements to investigators. After years of deliberations, no one was ever charged with any offence over the death. In addition to the public inquiry, Sheku’s family are suing Police Scotland’s Chief Constable for £1.8 million. Police Scotland said: “Our thoughts remain with Sheku Bayoh’s family and friends following his death. During a meeting with the family in December, Chief Constable Iain Livingstone reiterated his personal condolences, and those of the service, and undertook that Police Scotland will participate fully in the Public Inquiry.”
said: “Whilst, by definition, advocates are in competition with one another, our collegiate spirit is such that each and every one of us feels the death of any of our colleagues. That feeling is particularly so when it involves the death of someone so familiar to so many of us, and with such an enormous character as Derek.”
Mr Graham added: “Derek was appointed to the Rank and Dignity of Queen’s Counsel after an unusually short period of 10 years, a reflection of the impact he made in that decade, and the regard in which he was held by the court.”
He later joined the Crown Office as an Advocate Depute in 2007 and was promoted to Assistant Principal Advocate in 2009. He became the inaugural head of the National Sexual Crimes Unit where he oversaw a major revamp and modernisation of the way sexual crimes were prosecuted.
Mr Graham said: “He was a fearless trial advocate, both as a prosecutor and as defence counsel. He also appeared in many landmark cases in the Appeal Court, where his name will eternally appear in reports of those cases.
“But there was far more to Derek than his time in wig and gown. He was one of most well- read individuals one could encounter and was a man full of fun, compassion and ready to assist anyone, colleague or not, in any way he could.
“Glasgow High Court will be an unfortunately quieter place without him and today we think of his family and loved ones, who have lost not just an outstanding colleague and friend, but a much- loved partner, brother and uncle.”
The Faculty of Advocates added they were “deeply saddened” by the death.
Mr Ogg was also a pioneer for gay rights in Scotland, working tirelessly to legalise gay marriage. He also founded Scottish Aids Monitor, the country’s first Aids charity, in the 1980s.
In 2015 he was presented with a lifetime achievement by Ms Sturgeon for his campaigning for equal rights at Scotland’s first LGBTI awards.
The defence lawyer was also a well- known commentator and broadcaster on Scottish legal policy and a regular guest on television and radio.
Police Scotland said: “At around 8.10pm on Friday, the body of a 65- year- old man was discovered by officers within a flat at Rawcliffe Gardens, Langside, Glasgow.
“There would appear to be no suspicious circumstances surrounding his death and a report has been submitted to the Procurator Fiscal.”