Government ministers are facing demands to expand the Sheku Bayoh public inquiry to examine why police were not prosecuted over the 31-year-old’s death.
Dad-of-two Sheku died after he was brutally restrained on the ground by six officers in Kirkcaldy, in 2015, while under the influence of drugs. CS gas, pepper spray, batons and leg and arm restraints were used during the arrest.
The Sheku Bayoh Inquiry began two years ago and is investigating the circumstances leading to his death and the aftermath – but not the Crown Office’s decision not to pursue criminal convictions against the police.
Aamar Anwar, lawyer for the victim’s family, has now written to Deputy First Minister Kate Forbes urging a review of the inquiry’s terms of reference.
Labour leader Anas Sarwar, Tory leadership hopeful Russell Findlay and Lib Dem Alex Cole-Hamilton have all backed the move which could see ex-Lord Advocate James Wolffe KC recalled to the inquiry.
Anwar tells Forbes in the letter: “It cannot be right that the former Lord Advocate and his team should be allowed to escape robust scrutiny into their decision making whilst those in Police Scotland and PIRC are required to account for theirs.
“The inclusion of the prosecutorial decision would allow for access to the ‘whole truth’ that the family not only need but deserve.”
Anwar goes on to claim that an examination of the Crown Office’s decision not to prosecute police officers was removed from the scope of the inquiry after strong resistance from Wolffe, the head of the organisation at the time.
He goes on: “Extending the terms of the inquiry would fully illuminate the process and doubtless be in the public interest to do so.”
Wolffe told Sheku’s family in 2018 of his decision not to pursue charges against officers over the trainee gas engineer’s death.
Sarwar said: “There are merits in the family’s call to expand the remit of the inquiry.” Findlay said he “fully supports” the family’s demand” and Cole-Hamilton said: “The family need to be heard.”
The Scottish Government said: “The Deputy First Minister was pleased hear direct from Mr Bayoh’s family when she met them in June and will reply to the correspondence shortly.”
The Crown Office said: “Following careful consideration and then a thorough review of all the available evidence by Crown counsel, the most senior prosecutors in Scotland, it was concluded there should not be a prosecution.
“Although the evidence available would not justify criminal proceedings, the Crown reserved the right to prosecute should evidence in support of that become available. COPFS is fully supportive of the inquiry.”
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