Officer says he used appropriate force on Bayoh

Det Con Ashley Tomlinson is giving evidence for a second day at the public inquiry into the death of Sheku Bayoh

A police officer has claimed his use of potentially lethal force during his confrontation with Sheku Bayoh had been justified and proportionate.

Det Con Ashley Tomlinson was one of the officers called out after members of the public reporting seeing a black man with a knife in Kirkcaldy in May 2015.

He said he struck Mr Bayoh on the head with his baton.

He said it was after Mr Bayoh had punched his colleague and stamped on her as she was lying on the ground.

Det Con Ashley Tomlinson, who was a PC at the time of the incident, was giving evidence for a second day at the public inquiry.

When asked by senior counsel to the Inquiry Angela Grahame QC if he had considered himself to have used the appropriate force options at all times in Hayfield Road, where the incident took place, he said "I do".

• PC feared Sheku Bayoh had killed his colleague

• PC says she feared Sheku Bayoh would kill her

• PC broke Sheku Bayoh's rib in resuscitation bid

He said on using his baton: "It wasn't used to cause injury but merely pain compliance", adding: "I was genuinely of the belief that he (Mr Bayoh) was in the process of killing PC Short."

When it was put to Det Con Tomlinson that the inquiry would hear evidence that alleged stamp on his colleague did not occur, he said: "I can only tell you what I saw, and that's what I saw."

Earlier Det Con Tomlinson said the struggle to restrain Mr Bayoh in Hayfield Road on Sunday 3 May 2015 "felt like we were on our own and it was lasting forever".

He was describing the initial attempt to restrain Mr Bayoh with PC Craig Walker.

Det Con Tomlinson, 30, said he straddled Mr Bayoh's legs while holding Mr Bayoh's wrist.

He remembered his leg then being grabbed by his colleague, PC Alan Smith, who had just arrived at the incident.

He said be believed PC Smith was moving his leg so he could apply fast straps to bind Mr Bayoh's legs.

Once the straps were fitted Mr Tomlinson got off his legs and Mr Bayoh was rolled on to his side.

Sheku Bayoh died after being restrained by officers in Kirkcaldy in May 2015

He searched one of Mr Bayoh's pockets for a knife, with Mr Bayoh only had chewing gum in his right trouser pocket.

The officer added: "There was also a gold mobile phone. I don't remember that coming out of his pocket, so I don't know if that was Mr Bayoh's or a member of the public's or one of the officer's."

He said he had not found a knife, but did not have time to check Mr Bayoh's other pocket.

He said: "The man had calmed down and wasn't moving or struggling. PC Alan Smith bent down and put his ear to the man's mouth and confirmed he was breathing.

"He wasn't responding so PC Alan Smith so someone asked for an ambulance.

"Shortly after that PC Alan Paton said the man wasn't breathing."

He said the officers then put Mr Bayoh on his back and started doing CPR.

Det Con Tomlinson said he felt terrible when he returned to the police station.

He added: "I was glad I had survived, I didn't think I would get back (to the station)."

The inquiry is investigating the circumstances of the death of Mr Bayoh in Kirkcaldy in May 2015, how police dealt with the aftermath, the investigation that followed and whether race was a factor.

It heard on Wednesday that Det Con Tomlinson twice sprayed Mr Bayoh with CS spray but it had no effect.

Also on Wednesday Det Con Tomlinson told the inquiry that Mr Bayoh's race "made no difference at all" to his actions.

The family of Mr Bayoh, who came to the UK from Sierra Leone as a teenager, have claimed he was treated differently because of the colour of his skin.

Det Con Tomlinson, who has now been an officer for eight years, was 18 months into his two-year probation, when he was called to the incident.

PC Walker and Ms Short, who is no longer a police officer, have already given evidence.

The inquiry before Lord Bracadale continues.