Sheku Bayoh inquiry: Police seek assurances over inquiry evidence

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

Lawyers have asked for an assurance that police officers' statements at the public inquiry into the death of Sheku Bayoh will not be used in evidence against them in the future.

Mr Bayoh died on 3 May 2015 in police custody after he was restrained by officers in Kirkcaldy.

Lawyers for a number of officers asked for a guarantee that statements will not be used in any prosecution or misconduct proceedings.

Mr Bayoh's family oppose the move.

In a statement, they said: "If these officers have nothing to hide, then they have nothing to fear from coming and giving evidence to the inquiry."

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Lawyers for the Scottish Police Federation want undertakings that no evidence given to the inquiry could be used to decide if the officers should be prosecuted.

The argument was supported by the inquiry's senior counsel, Angela Grahame, who said: "Witnesses are more likely to be frank and honest with their inquisitor if there will be no adverse consequences to them arising from their evidence, such as the use of their evidence in a criminal prosecution or disciplinary proceedings against them."

Opposing the proposals, Claire Mitchell QC said: "The family of Sheku Bayoh have a legitimate expectation that police officers will give every assistance after a serious incident.

"And that expectation extends to coming to a public inquiry and answering all and any legitimate and relevant questions put to it by the Inquiry."

'Astonishing position'

The inquiry's chairman, Lord Bracadale, will issue a decision on the application at a later date.

Aamer Anwar, Mr Bayoh's family lawyer, said: "This is an astonishing position for police officers and the Federation to take some seven years after the death of Sheku Bayoh.

"His loved ones have waited a very long time to hear the truth and that is the very least they are entitled to."

The inquiry, which is due to begin on 10 May, was set up to examine:

• the immediate circumstances leading to Mr Bayoh's death

• how the police dealt with the aftermath

• the subsequent investigation into the death

• whether race was a factor

Lord Bracadale has previously said that he wants the family to be "at the heart of this inquiry" and that he was "fully committed" to establishing the truth.