Sheku Bayoh's family say 'no closure' unless inquiry looks at prosecution of police

On the final day of evidence, Sheku Bayoh’s family have said they will have no closure unless their call for the inquiry to be extended is answered.

The family want the inquiry to examine why the Crown Office did not prosecute the police officers involved or Police Scotland itself.

The decision rests with deputy first minister Kate Forbes.

Human rights lawyer Aamer Anwar, who has been representing the Bayoh family for free, said Forbes was asked several weeks ago to expand the Terms of Reference by the Chair.

“For five weeks this inquiry and the family have awaited a response, it is deeply insulting that this Government is deliberately stonewalling not just them but ignoring Lord Bracadale,” he said outside Capital House in Edinburgh.

“Today to put it bluntly, Kate Forbes was asked at the end of evidence, to hurry up and make a decision by Lord Bracadale. Kate Forbes will also be aware that the leaders of the opposition have also backed the families demands.

“It cannot be right that in 2024, the Crown Office the most powerful institution in our country tasked with protecting us from our guardians of law and order when they abuse the rule of law- are unaccountable themselves.”

Mr Anwar said if the inquiry is not expanded then “family after family” would continue to be denied justice.

It comes after Mr Anwar told that inquiry that the Scottish criminal justice system “institutionally racist”.

Mr Bayoh, 31, a father of two, died after he was restrained on the ground by police officers in Kirkcaldy, Fife, on May 3 2015.

The inquiry has been investigating the circumstances of his death and whether race was a factor.

His family were provided with pro-bono legal assistance by human rights lawyer Mr Anwar for five years, before an inquiry was announced.

Previously, a spokesperson for the Crown Office and Procurator Fiscal Service said: “The Crown examined the death of Sheku Bayoh in great detail and instructed appropriate lines of investigation.

“Following careful consideration, and then a thorough review, of all the available evidence by the most senior prosecutors in Scotland, it was concluded that there should not be a prosecution in this case.

“Although the available evidence available would not justify criminal proceedings, the Crown reserved the right to prosecute should evidence in support of that become available.

“Day in and day out, Scotland’s prosecutors fulfil their responsibilities with professionalism and skill. They take hard decisions and do so independently, rigorously and in accordance with the evidence. They secure the public interest in fair and effective administration of justice.

“The Crown Office and Procurator Fiscal Service is fully supportive of the inquiry and does not consider it appropriate to comment on evidence.”

Police Scotland said it would not be appropriate to comment on evidence led at the inquiry, however said that Chief Constable Jo Farrell outlined her ongoing commitment to building an anti-racist, anti-discriminatory Service which delivers for all communities during a meeting of the Scottish Police Authority in May.

A spokesperson for PIRC said: “It would be inappropriate to comment while the public inquiry is ongoing.”