Sheku Bayoh independent public inquiry begins

Sheku Bayoh died after being restrained by police responding to a call in Kirkcaldy in May 2015

The independent public inquiry has begun into the death of Sheku Bayoh while in police custody five years ago.

The inquiry, led by retired senior judge, Lord Bracadale expects to scrutinise about 50,000 documents relating to the 31-year-old's death.

Mr Bayoh died after being restrained by officers who were responding to a call in Kirkcaldy, Fife, in May 2015.

His family claimed race played a part in his death and they criticised the subsequent investigation.

Michael Fuller, a former senior police officer, and lawyer Raju Bhatt have been appointed as assessors to assist Lord Bracadale.

• Sheku Bayoh: 'Why did my brother die in police custody?'

In an opening statement published on the inquiry website, Lord Bracadale said: "It has now been over five years since the death of Mr Bayoh and I, and my team, are conscious of the length of time this has hung over all involved, particularly the Bayoh family.

"We will work with determination and focus to ensure the work can be completed as quickly as possible.

"It is, however, at this stage impossible to say how long the inquiry will take.

"It is only from today, the setting-up date of the inquiry, that we are allowed by law to start ingathering the evidence.

"Preliminary discussions with some of the organisations involved lead us to believe that we will have in the region of 50,000 documents to scrutinise."

Lord Bracadale is leading the inquiry with two assessors: former senior police officer Michael Fuller and lawyer Raju Bhatt

He said it would clearly take some time for his team to get through them.

He added: "After we have considered all the documentary evidence and conducted further investigation, the inquiry will hold public hearings where we will call witnesses to give evidence.

"Again, it is not possible at this stage to say when this will happen; how many witnesses will be called; or how long the hearings will last.

"First, we must work our way through the documentary evidence and make necessary further inquiries."

The inquiry was announced last November by Justice Secretary Humza Yousaf with its scope determined in May this year.

It hopes to examine:

• the immediate circumstances leading to the death of Mr Bayoh

• how the police dealt with the aftermath

• the subsequent investigation into the death

• whether race was a factor

On Thursday, Mr Yousaf described the formal start of the inquiry as a "milestone".

He said: "The family of Mr Bayoh have shown remarkable dignity and perseverance during their five-year wait for an inquiry into the death of Sheku.

"I hope that today's announcement gives them comfort and reassurance that the circumstances surrounding his death will be examined in a public and transparent manner.

Mr Bayoh's family released a statement through their lawyer Aamer Anwar welcoming the opening statement.

Sheku Bayoh and his sister Kadi Johnson who believes that race played a part in her brother's death

Mr Anwar said: "Kadi Johnson, Sheku's sister, has no doubt that the way he or her family were treated by the police and the justice system would not have happened had Sheku been white. Their treatment was compounded by repeated attacks from those who appear to remain in a 'child-like' denial about the existence of racism in policing today.

"In his death Sheku was smeared, vilified and criminalised in order to negate his right to life, so as the inquiry begins, we should never forget that Sheku Bayoh was a 31-year-old black man, with no previous history of violence. He was a loving father, partner, son and brother who died in police custody."

He added: "In the end, the real test of this inquiry will not be the sympathy expressed for a family who have conducted themselves throughout with utmost dignity, but whether this country acts to ensure that real change takes place in an unaccountable, all-powerful justice system."