Sheku Bayoh family claim probe into death "fundamentally flawed"
Last updated 8th Feb 2017
Relatives of a man who died in custody 21 months ago believe a police watchdog probe into the death was fundamentally flawed'', according to their lawyer.
Sheku Bayoh's family claim an investigation by the Police Investigations and Review Commissioner (Pirc) lacked certain safeguards, and allege there has been a breach of human rights laws.
The Pirc's full report was submitted to the Crown Office in August last year.
Prosecutors working on the complex'' inquiry have still to determine whether there should be any criminal proceedings raised in respect of Mr Bayoh's death, but have pledged to reach their decision as quickly as possible.
The 31-year-old trainee gas engineer died after being restrained by officers responding to a call in Kirkcaldy, Fife, on May 3 2015. He was under the influence of drugs at the time of the incident.
Solicitor Aamer Anwar spoke on behalf of Mr Bayoh's family after they met with Lord Advocate James Wolffe QC on Wednesday afternoon.
He said they retain total confidence'' in the Lord Advocate - Scotland's top prosecutor - but expect him to takewhatever action is necessary''.
He added: Sheku's family told the Lord Advocate today that they believe Pirc's investigation to be fundamentally flawed and lacking the necessary safeguards for an effective independent investigation into a death in custody - thus violating Article 2 of the European Convention on Human Rights (ECHR).
In a democracy police officers are duty bound to protect the right to life and where deaths occur under their responsibility they must account for their actions.''
Article 2 of the ECHR protects the right to life.
Mr Bayoh's partner Collette Bell, his sisters Kadi Johnson, Adama Jalloh and Kosna Bayoh, and brother-in-law Ade Johnson were present at the meeting in Edinburgh.
Mr Anwar suggested issues raised at the meeting could delay the Lord Advocate's final decision on whether there will be any criminal proceedings.
A fatal accident inquiry into the death will be held regardless of any criminal proceedings.
It recently emerged that relatives of Mr Bayoh intend to launch a civil action against Police Scotland.
A Pirc spokesman said: At all stages throughout this independent investigation, the Pirc has acted under the direction of the Lord Advocate, who has ultimate responsibility for the investigation of unexplained deaths in Scotland.
The commissioner submitted a comprehensive report to the Lord Advocate in August last year in order that he can make informed decisions on any further action.''