Sheku Bayoh inquiry: Judge wants guarantees on police officer evidence

Sheku Bayoh died in police custody in 2015

The chairman of the inquiry into Sheku Bayoh's death is seeking a guarantee that police officers' own evidence will not be used against them in future.

Judge Lord Bracadale said this would let officers give "full and frank" evidence to the public inquiry.

He said he was not asking for immunity for any current or former officer, and that they could face prosecution if new information emerged from other sources.

Mr Bayou's family said they were "bitterly disappointed".

Last week lawyers for a number of officers asked for a guarantee that their evidence would not be used in any future prosecution or misconduct proceedings.

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They said that without this assurance, some officers could exercise their legal right not to answer questions where they might incriminate themselves.

Lord Bracadale said he would request undertakings from both the solicitor general and the deputy chief constable of Police Scotland.

He said this would cover each officer's evidence about their own actions before and after Mr Bayoh's death.

However, officers could still face prosecution if new information emerged from other sources during the inquiry.

Retired judge Lord Bracadale is leading the inquiry

Lord Bracadale said that without the guarantee, the police were "highly likely" to exercise their right not to give self-incriminating answers.

Mr Bayoh, who was 31, died in police custody after being restrained by officers who were responding to a call in Kirkcaldy, Fife.

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

They want the inquiry to investigate claims the police used disproportionate force in detaining Mr Bayoh.

On Tuesday, Lord Bracadale stressed the "limited nature of the undertakings" he was seeking from the police and prosecutors.

He said without them Mr Bayoh's family "are most unlikely to hear the full evidence of the officers".

'Reach the truth'

"The requests do not seek immunity from prosecution or disciplinary proceedings," he said.

Lord Bracadale stressed that each of the officers and former officers was a crucial witness.

He said: "The exercise of the right against self-incrimination by these witnesses would be likely to have a profound effect on my ability to reach the truth of what happened."

In order to hold individual officers accountable for their actions, he said he would require "the full and frank evidence of officers and former officers".

"Without the undertakings my ability to hold individuals to account will be severely limited," he added.

A statement was read out by the lawyer representing Mr Bayoh's family which said they were "bitterly disappointed"

Mr Bayou's family said they were "bitterly disappointed" that Lord Bracadale had decided to ask for the undertaking.

"If the officers had nothing to hide, then they have nothing to fear from coming and giving evidence to the inquiry," they said.

Lawyers for the police said the request is usual practice for people who are called to give evidence in such inquiries.