WATCH: No prosecutions of police after Fife father dies in custody

No criminal charges for police officers who restrained Sheku Bayoh.

Published 11th Nov 2019
Last updated 11th Nov 2019

The family of Sheku Bayoh feels "betrayed" over the decision not to prosecute any police officers over his death.

Mr Bayoh, 32, died in 2015 after being restrained by officers responding to a call in Kirkcaldy in Fife.

In October last year, the Crown decided against bringing any prosecutions over his death but the family invoked the right to review the decision.

Now, the family has met the Lord Advocate at the Crown Office in Edinburgh, who told them the decision not to prosecute has not changed.

The family believes a Scottish Government-ordered full public inquiry - not a fatal accident inquiry as is typically held into deaths in police custody - is needed to get answers about his death and those of others who have died in custody.

They will meet First Minister Nicola Sturgeon and Justice Secretary Humza Yousaf at the Scottish Parliament on Tuesday.

The family's lawyer, Aamer Anwar, said the family do not accept the Crown Office' reasons for not prosecuting - of current evidence not justifying this - and are considering launching legal action against the Lord Advocate for alleged breach of human rights legislation requiring independent, prompt and effective investigation.

Mr Bayoh's mother Aminata Bayoh told a press conference following the Crown Office meeting: "My heart is broken yet again to hear this decision. My only son died in the hands of the police, who are supposed to have protected him.

"Since his death, my life has never been the same. I miss him so much. I just want to know the truth of how my son died."

His sister Kadijartu Johnson said: "It has been four years, six months now and we are back yet again to hear the same devastating result from the Crown Office."

She added: "Before my brother was met by the very first two officers who handcuffed him, he had no injuries. Soon after his body was covered from head to toe injuries.

"From what I gather today, again it seems like the police are being protected. Why should police officers be above the law?"

Mr Anwar said: "They feel totally betrayed by the Lord Advocate, for not holding power to account, for his broken promises, his betrayal of justice and failure to act in the public interest.

"The family will accept nothing less than a public inquiry from the Scottish Government."

Mr Anwar said the Lord Advocate had apologised to the family for delays and accepted the process had been "flawed."

Police watchdog the Police Investigations and Review Commissioner handed a report on an investigation into Mr Bayoh's death to the Lord Advocate in August 2016.

A spokesman for the Crown Office said: "Following careful consideration and thorough review of all the available evidence, including submissions made on behalf of the family of the deceased, independent Crown Counsel has concluded there should not be a prosecution in this case.

"The family have been provided with detailed information about this decision and the review process.

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

"The Crown is committed to ensuring that all the facts and circumstances surrounding the death of Mr Bayoh are fully aired in an appropriate legal forum."

He added the Crown appreciates the time taken to conclude the investigation has been "difficult."