Sheku Bayoh inquiry: Colleagues said Bayoh PC 'unlucky'

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Sheku Bayoh
Image caption,

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

Police officers agreed one of their colleagues was "unlucky" because he had used potentially lethal force against Sheku Bayoh before he died.

The inquiry into Mr Bayoh's death heard that the conversation was recorded on CCTV at Kirkcaldy police station.

One of the constables involved also told the inquiry he had heard that Mr Bayoh had been hit by "every officer" involved in the incident.

Mr Bayoh had been spotted in Kirkcaldy with a knife on May 3 2015.

The 31-year-old did not have the weapon when police confronted him on the town's Hayfield Road. A knife was later found lying on a grass verge.

A psychiatric nurse who drove past the incident minutes later told the inquiry he saw "a bunch of police officers" lying on top of Mr Bayoh.

Christopher Fenton said Mr Bayoh was lying on his front and the number of police officers piled on top of him had caused him concern.

The 34-year-old said he had received training for the restraint of psychiatric patients and was told to turn people on to their backs almost instantly to make sure their breathing wasn't compromised.

After Mr Bayoh was taken to hospital, suffering from respiratory arrest, all of the officers involved in the incident were told to go back to Kirkcaldy Police Station and not talk to anyone.

PC Brian Geddes was in charge of the custody cells and agreed it had been "the talk of the steamie".

The inquiry was shown CCTV of PC Geddes discussing the incident with a colleague at 08:26. At that stage, medics at the town's Victoria Hospital were still trying to save Mr Bayoh's life.

PC Geddes could be heard saying: "They'd reckoned he'd had a big machete type blade. He's been coming at the cops, they CS'd and PAVA'd him.

"Apparently he just went 'ha ha' and kept coming with the knife. Straight for the wee-ist lassie, Nicole Short is about this height…went straight for her.

"She'd been knocked to the ground, he's been stamping on her and then Ash has then battened him, seems to have battened him to the head."

PC Geddes's colleague remarked: "Unlucky, he's used lethal force…." PC Geddes replied: "I know."

The second officer then said: "He's got a machete, **** him."

'Intelligence briefing'

Ash was a reference to PC Ashley Tomlinson, who has told the inquiry he struck Mr Bayoh on the head with his baton after the 31-year-old stamped on PC Nicole Short. A second officer, PC Craig Walker, has also claimed that Mr Bayoh stamped on PC Short.

It is not disputed that Mr Bayoh struck PC Short on the head, but the alleged stamping attack is one of the most contentious issues facing the inquiry.

A member of the public who watched the incident through his living room window has said he didn't see Mr Bayoh stamp on PC Short. Doctors found no medical evidence that PC Short had suffered serious injuries caused by stamping.

What was said about the alleged attack, who said it and when it was said will be considered by the inquiry chair Lord Bracadale when he decides what happened on the day Mr Bayoh died.

PC Geddes said that before the incident, there had been an intelligence briefing that an attack was going to be carried out on a female police officer.

Angela Grahame QC, the inquiry's senior counsel, told him: "We've heard evidence that a search has been conducted and no such evidence can be found."

PC Geddes said he was positive it had been mentioned. He said he had connected the intelligence that there was going to be a terrorist attack with the incident involving Mr Bayoh because he was a black male.

The inquiry heard that PC Geddes spoke to PC Walker at the station, even though a detective inspector had told him not to talk to any of the officers involved in the incident.

PC Geddes said: "I know I shouldn't have but at the end of the day he's a work colleague, and he's someone I would still class as a friend, and I wanted to make sure he was OK."

The officer said PC Walker had told him that "all" of the officers had hit Mr Bayoh.

Ms Grahame asked: "Was it your assumption they all hit him with a baton?"

PC Geddes replied: "From that expression, yes."

The officer said it was better if no-one knew who had struck a lethal blow, so it wouldn't be on their conscience.

The inquiry continues.