3 years on... and still no decision on Sheku charges
JUSTICE chiefs are still investigating whether criminal charges will be brought over the death of Sheku Bayoh – nearly three years after he died in police custody.
Lord Advocate James Wolffe confirmed the Crown Office had not yet decided whether to bring forward criminal proceedings over Mr Bayoh’s death or that of Lamara Bell and John Yuill, who died following a car crash.
Mr Bayoh, 31, died on May 3, 2015 after being arrested in Kirkcaldy, Fife, when locals reported seeing a man carrying a knife.
After being apprehended by at least nine officers using CS spray, pepper spray and batons, the father of two lost consciousness and later died.
His family and partner Collette Bell have called for answers and met First Minister Nicola Sturgeon to discuss the case.
However, the Crown Office is yet to confirm when a Fatal Accident Inquiry (FAI) into Mr Bayoh’s death will take place.
Mr Wolffe claimed that they are also still considering criminal proceedings over the deaths of Miss Bell and her boyfriend Mr Yuill who died after the car they were travelling crashed on the M9 near Stirling in July 2015.
The couple lay undiscovered for three days following the crash despite a sighting of the car being reported to police.
Mr Yuill, 25, is believed to have died on impact, but mother-of-two Miss Bell, 28, died in hospital after being rescued from the crash site.
Yesterday, Scottish Liberal Democrat leader Willie Rennie asked Mr Wolffe when the FAIs into the incidents would be held.
At Holyrood Mr Wolffe said: ‘The separate investigations by the Crown into these two incidents are continuing under the direction of a senior advocate depute.
‘Whilst considerable progress has been made, further work is required to be completed before a fully informed decision can be made about potential criminal proceedings in each of these cases.’
Both cases have been subject to investigations by the Police Investigations and Review Commissioner (PIRC), but these reports have not been made public.
Mr Wolffe said the Crown Office kept in contact with the families of those who had died and had met relatives of the M9 crash victims in December. He said both cases were complex and he had to ensure the investigations were undertaken ‘thoroughly’.
An FAI is due to take place into Mr Bayoh’s death regardless of whether there are criminal proceedings. Relatives of Mr Bayoh also intend to launch a civil action against Police Scotland.
Aamer Anwar, lawyer for the Bayoh family and Miss Bell, said: ‘As far as the Bayoh family are concerned, the inquiry carried out by the PIRC was not as rigorous and robust as it should have been and led to further delays, but the delay in decision making is compounding the grief of the family.
‘Had a man died whilst being restrained by nine door stewards rather than by police officers, would the Crown have taken nearly three years to decide whether or not to prosecute?’
‘Compounding grief of the family’