Sheku Bayoh family 'will not tolerate' inquiry delay

The family of Sheku Bayoh, who died in police custody, released a statement before an inquiry into his death began

The family of Sheku Bayoh say they will not tolerate any attempt to "delay or obstruct" the inquiry into the 31-year-old's death.

A statement from the family was read out by lawyer Aamer Anwar at a preliminary hearing of the inquiry in Edinburgh.

Mr Bayoh died after being restrained by police in Kirkcaldy, Fife in 2015.

His family claimed race played a part and have criticised the subsequent investigation.

The hearing came two years after James Wolffe - the then lord advocate - ruled that no officer would face charges for his death.

Inquiry chairman Lord Bracadale said he was "fully committed" to getting to the truth of Mr Bayoh's death.

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Members of Mr Bayoh's family were in attendance as Mr Anwar stated the family's belief that the Crown Office and the Police Investigations and Review Commissioner (PIRC) "betrayed justice".

"The family believe the Crown Office were at best institutionally incompetent and at worst engaged in a systemic cover up," their statement continued.

"Sheku has a stubborn family who have refused to be bullied into silence. Six and a half years on the family appreciate the massive scale of the inquiry and the thousands of documents needing to be examined.

"The family have placed their trust in the inquiry to be robust, but the family wish, however, to place on notice the Crown Office, the PIRC and Police Scotland that they will not tolerate any attempt to delay and obstruct the inquiry in its search for the truth."

The background

Sheku Bayoh was restrained on the ground for five minutes before falling unconscious

On the night of 2 May 2015, Sheku Bayoh had taken drugs, which friends said dramatically altered his behaviour.

Police were called early the following morning after he was spotted behaving erratically with a knife in the streets of his home town.

According to police statements, by the time the officers arrived at the scene Mr Bayoh no longer had the knife but he failed to obey instructions to get down on the ground.

Each of the officers used force on Mr Bayoh within seconds of encountering him, including CS Spray and batons.

He then punched PC Nicole Short, who went to the ground.

Two officers, PCs Craig Walker and Ashley Tomlinson, later told investigators that Mr Bayoh then carried out a violent stamping attack on PC Short while she lay on the ground, a claim reported widely in the media.

A BBC investigation revealed footage of the Sheku Bayoh incident

However evidence obtained by the BBC's Panorama programme suggested these accounts may have been false.

Mr Bayoh was restrained on the ground for five minutes before falling unconscious. He was pronounced dead at hospital a short time later.

An inquiry into his death was announced in November 2019 by then Scottish justice secretary Humza Yousaf.

Were decisions based on race?

The inquiry itself, which opened in November 2020, will consider issues including the circumstances of Mr Bayoh's death.

It will also look into the post-incident management and the extent to which events leading up to and following his death were affected by his actual or perceived race.

Angela Grahame QC, senior counsel to the inquiry, said there would be no more than six hearings, the last of which will "draw together" all evidence heard that covers race.

Lawyer Aamer Anwar led a news conference with Sheku Bayoh's family on 14 May 2015

Ms Grahame said the inquiry team has so far gathered more than 21,000 items which it was working through.

She said: "We will identify any evidence of overt racism, any failures or inadequacies and evidence of any aspect of events which could potentially give rise to an inference that decisions and outcomes were based on race."

Ms Grahame said this would allow inquiry chairman Lord Bracadale to consider "whether an inference may be drawn that race was a factor in the death of Sheku Bayoh, the post-incident management or the subsequent investigations".

'Ascertain the truth'

Lord Bracadale, who is supported by assessors Michael Fuller and Raju Bhatt, said he wants the family to be "at the heart of this inquiry" and expressed his condolences to them.

He said: "The inquiry cannot make any determination as to criminal or civil liability. Its purpose is to seek to ascertain the truth and to that purpose I am fully committed."

Core participants in the inquiry are the family of Mr Bayoh including his two sons, Police Scotland Chief Constable Iain Livingstone and a number of active and retired officers.

The Lord Advocate, PIRC, the Scottish Police Federation and the Coalition for Racial Equality and Rights are also core participants.

The first public hearing is due to start on May 10 next year.