The Police Investigations and Review Commissioner says new experts will be brought in to investigate the death of Sheku Bayoh.
During the Bayoh family’s first meeting with commissioner Kate Frame in Hamilton today, they were told that PIRC would take steps to restore their confidence in the investigation into Sheku’s death in police custody.
Mr Bayoh died in Kirkcaldy on May 3 after he was restrained by police officers who used CS spray, PAVA spray and batons.
The family’s solicitor Aamer Anwar said: “The Bayoh family advised the commissioner Kate Frame that their confidence in PIRC has been shattered.
“Despite an expanded remit, over 17 weeks, PIRC gave an impression of uncertainty about precisely what was being investigated and for what purpose and by what means.
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“PIRC’s identification of two pathologists who supported the controversial theory of excited delirium was the final straw.
“Fortunately, the Lord Advocate and the commissioner this morning have made it clear that it is important that Sheku’s family have confidence in the objectivity of those experts instructed and reassured them that the Crown will instruct further experts.”
Speaking outside the PIRC headquarters in Hamilton, and surrounded by Sheku’s relatives, Mr Anwar described the meeting as “very frank and robust”.
He said: “Today the family raised questions about the independence and the authority of PIRC, its extremely close relationship with Police Scotland and repeated failures to use its powers to counter deliberate lies fed into the public domain by police sources.
“The Bayohs spoke out because they believed PIRC’s investigation was fatally flawed and was more concerned with protecting the police from criticism than holding them to account.
“The family had cited allegations of police malpractice, which goes to the heart of this investigation, yet appeared to the family to have been ignored by PIRC.
“The Bayohs demand justice and impartiality. They took no comfort in their belief that PIRC was unfit, under-resourced and lacking powers to investigate the death in custody of Sheku Bayoh.
“The family welcome the Scottish Government’s national review of Police Scotland, which is to be more than a cosmetic exercise, and they cannot afford for PIRC to be seen as a toothless regulator, which will be seen by the public to whitewash the police from wrongdoing.
“If confidence is to be restored in the PIRC, the family will expect Kate Frame the commissioner to deliver results rather than more broken promises.”
Following the meeting, a spokesman for the PIRC confirmed a meeting had taken place to update the family, and added: “The family were also provided with updates regarding ongoing investigative work and given the opportunity to provide any information which they consider is relevant to the investigation.
“The commissioner considered that today’s meeting was constructive and welcomed the opportunity to listen to the family’s concerns and confirmed that they are being addressed through a robust investigation.
“Central to this is providing the family with a clear understanding of what caused Sheku Bayoh’s death, since the post-mortem conducted shortly after was inconclusive.
“To this end, a number of expert forensic pathologists have been commissioned, on the instructions of the Lord Advocate, to further investigate and provide an opinion on how Sheku Bayoh died.
“The commissioner today invited the family to participate in the process of identifying additional experts.Once all expert reports are completed they will be passed to the Lord Advocate for his consideration.
“The commissioner reassured the family that she and her team of investigators are objectively exploring all lines of enquiry and has encouraged the family to contribute to that process.
“The importance of further dialogue was agreed. The commissioner reiterated her commitment to carrying out a thorough and independent investigation to get to the truth of the matter.”