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Police left cuffs on Sheku Bayoh after he lost consciousness, inquiry told

PC Alan Smith arrives at Capital House in Edinburgh for the public inquiry into Sheku Bayoh's death.
PC Alan Smith arrives at Capital House in Edinburgh for the public inquiry into Sheku Bayoh's death.

The police officer who cuffed Sheku Bayoh and applied leg restraints has confirmed the measures were not removed after the Kirkcaldy pipe fitter lost consciousness.

PC Alan Smith, 45, told the inquiry into Mr Bayoh’s death he moved the 31-year-old onto his back after he passed out but kept him bound.

He said: “Because somebody is unconscious or apparently unconscious does not necessarily diminish the risk they pose.

“People can make a sudden recovery.

“People can feign unconsciousness, which absolutely happens and can attack police officers when their guard is down.

“It’s required to keep that level of restraint.

“If you have a situation where they recover and the behaviour returns, you’ve done that person no favours.

PC Alan Smith gave evidence at the Sheku Bayoh inquiry.

“All that happens is they’re going to have to be re-secured, re-restrained and subject to another use of force.

“The presence of the restraints was not having any detrimental effects to his health so they stayed on.”

The inquiry has previously heard police state Mr Bayoh was knocked to the ground as he chased PC Nicole Short, after they had turned up to reports of a man with a knife.

Struggled to cuff Mr Bayoh

The qualified officer safety trainer said of the cuffing: “(There was) no particular technique as such, it was a case of getting control of the hands through strength.”

He said between him and a colleague, they managed to cuff both wrists.

“It was effectively a joint effort, getting the cuff on one wrist… getting them on and securing it.”

He said it took 20 to 30 seconds to secure them due to Mr Bayoh struggling and trying to pull his hands away.

He then applied velcro straps around Mr Bayoh’s ankles and legs.

He said: “I think it was (his colleague) PC Paton who said we need to apply leg restraints and fast straps.

“I can recall some degree of resistance and legs being bent.

“I don’t think I’ve ever actually been on his legs.

Sheku Bayoh.

“I’ve put some pressure down directly through the side of his foot onto the ground to pin his feet onto the ground.

“It was very much a collaborative effort.

“In reality, you have to be adaptive to the situation.”

Throughout the restraint, PC Smith heard Mr Bayoh “moaning” and he ended up unconscious and after a few minutes, he stopped breathing.

He said he “voiced his concern” and noticed Mr Bayoh’s eyes were closed so he tried verbal and physical stimulus but did not remove handcuffs or leg restraints.

“Statistically” unlikely to use knife

Earlier in the hearing, the constable described his state of mind as he approached Hayfield Road, where the fatal encounter took place.

He said: “I wouldn’t say it’s terrifying but if you’re going to somebody with a knife, you have a degree of fear.

“It’s not an overwhelming emotion but there’s a little tension there.

“I can’t quote any statistics but in my experience, I deal with an awful lot of knife calls… the vast, vast number of calls you go to have a good outcome.

“We deal with an awful lot of knife incidents.

“Actual knife crime is pretty rare.”

The inquiry into Mr Bayoh’s death in Kirkcaldy on May 3 2015 continues.