The family of Sheku Bayoh say they are saddened by the Scottish Government’s repsonse to their concerns over the powers of the body investigating his death.
Justice secretary Michael Matheson told MSPs this week police officers are entitled to refuse to give a statement on deaths in custody if there is the chance they will become the subject of a criminal complaint.
Father-of-two Mr Bayoh died after being detained by police in Kirkcaldy on May 3.
The Police Investigations and Review Commissioner (PIRC) is probing the circumstances surrounding the incident and has made several failed attempts to secure statements from the officers involved, some of whom are believed to be off work sick.
This has led to claims the PIRC does not have the powers to do its job properly, with Bayoh family solicitor Aamer Anwar branding the system “fundamentally flawed”.
Mid Scotland and Fife MSP Claire Baker argued the current situation was impeding PIRC investigations.
She has been backed by shadow justice secretary Hugh Henry, who said he supported the view that the Scottish Government should demand a review of the “current inadequate procedures”.
However, Mr Matheson said he would not intervene and added he had received no complaint from the PIRC about the scope of its powers.
Mr Anwar said the Bayoh family welcomed the questions by Claire Baker but had hoped for cross party support to extend the PIRC’s powers.
“The Bayoh family were saddened at the reponse of the Scottish Government to their concerns,” he said.
“It has been clear to the family since day one that the PIRC does not have sufficient powers for investigations into serious incidents such as deaths in custody.
“It is common sense, if PIRC have sufficient powers then how come they were unable to use them in the Bayoh case?”
He added: “PIRC have repeatedly advised the Bayoh family of their frustrations at their lack of powers, however it is not for public servants such as PIRC to ask for changes in the law.
“The government should have the courage to accept that there is a case to answer and to extend the PIRC’s powers, putting them on a par with their English counterparts at the IPCC.
“It really does not make sense that the PIRC can only exercise its full range of powers if directed to do so by the chief constable but not when directed by the Lord Advocate.”
Meanwhile, A campaign to help pay the Bayoh family’s legal costs has raised almost £1,500.
A page set up on the You Caring fundraising websie has a £5,000 goal to help the family wih expenses following the 31-year-old’s death, including the cost of the funeral.
Two social nights have been organised this weekend in a bid to further boost the tally.
The first, dubbed The Big Event, will take place on Friday in Blue Monday, 68 High Street, Kirkcaldy,from 10pm till 3am.
It will be followed on Saturday with an event at 286 Broomloan Road, Glasgow, from 7pm to 1am.
A post on the Justice for Sheku Ahmed Tejan Bayoh Facebook page said: “The road to justice will be difficult and bumpy but with the resources and determination we will surely get to our desired destination.
“Come and support Justice for Sheku Ahmed Tejan Bayoh.”