The Courier & Advertiser (Fife Edition)
Family solicitor to press for legislative change to ‘dangerous loophole’
Legislation governing the powers of the PIRC is “fundamentally flawed” says the Bayoh family’s solicitor, Aamer Anwar.
Mr Anwar reacted angrily to the statement from Justice Secretary Michael Matheson that police officers are entitled to refuse to give a statement on deaths in custody if there is a chance they will be the subject of a criminal complaint.
Calling the situation “utter nonsense”, Mr Anwar said the lack of power afforded the PIRC was a source of great frustration to investigators and Mr Bayoh’s family. He said members of Police Scotland had also expressed irritation at what he termed a “dangerous loophole”.
Mr Anwar and the Bayoh family intend to approach the justice secretary in a bid to have the law changed. “It’s a fundamentally flawed piece of legislation,” he said.
“We have a bizarre situation where the Scottish Government are putting out a stark response saying the PIRC have sufficient powers yet the PIRC have told the family now on several occasions that they don’t have them.”
“There has been a fundamental flaw in the drafting of this legislation and it’s about time the Scottish Government woke up before someone else dies in custody. I would like to know who advised the Scottish Government on this because they have got it so wrong.”