Lawyers involved in the Sheku Bayoh inquiry have been reprimanded for inappropriate use of mobile phones.
A legal representative attending the inquiry appeared to be watching a football match while the inquiry into the death of Sheku Bayoh was sitting on Wednesday.
Lord Bracadale, who is chairing the inquiry, called the incident a “particularly egregious” example of the inappropriate use of mobile phones, before evidence was heard on Thursday morning.
He said: “I have no difficulty with mobile phones being used silently to make communications or matters relating to the inquiry but inappropriate use within the hearing room is both distracting and disrespectful.”
Lawyer denies football claim
Counsel for the Bayoh family, Claire Mitchell KC, pointed out the phone noise was not an alert tone “but it sounded like football”.
Gordon Jackson KC, who is representing some of the officers involved, denied claims by Mr Bayoh’s family he had been responsible.
Legal representatives were also reprimanded for engaging in lengthy conversations in the hearing room, which Lord Bracadale said could be “distracting” to those in the room and watching the live stream of the inquiry.
They were further criticised for adopting “inappropriate” facial expressions upon hearing some of the evidence to the inquiry.
Lord Bracadale called it “entirely unacceptable”.
“May I remind legal representatives that these proceedings are being broadcast and watched around the world,” he said.
“It is, therefore, as surprising as it is disappointing to have to address members of the Scottish legal profession in these terms.
“I very much hope I will not have to do so again.”
Thursday’s evidence
The inquiry again heard from use-of-force expert Joanne Caffery.
Resuming her evidence, she said officers in the restraint of Mr Bayoh should not have placed any weight on his back and pressure on the torso should be avoided.
The inquiry has previously heard from police officers who described Mr Bayoh as “bench-pressing” their weight as they attempted to handcuff him.
Ex-officer Ms Caffery said Mr Bayoh telling them to “get off me” should have been taken as a “warning”.
While discussing the positioning of suspects under arrest while in a prone position on their front, she said rolling someone on their side is “a safe airway position”.
“You’re holding someone up but creating a bit of a gap between you and them so that they can still expand their torso in order to breathe.
“It’s about not having any pressure against any part of the torso, regardless of what position they’re (the police officers) in.”
She added: “All pressure to the torso should be avoided.”
“Lying over legs is an approved technique and pressure to the arms to secure them to bring them round is an approved technique.
“There’s also a knee to the shoulder blade to help with the ground pin – that’s an approved technique but other than that there should be no pressure going into the torso anywhere.”
She said this included pressure on the back and even leaning over a suspect should be avoided.
‘Press-up’ position
PC Nicole Short – who said she was struck and stamped-upon by Mr Bayoh – previously said she saw the 31-year-old “in a press-up position” and lifting “three of the biggest guys on the shift” from the ground.
Ms Caffery was asked by counsel to the inquiry Angela Grahame KC if her evidence would change if the subject had struggled with officers.
“If a person is able to bench press an officer off of the floor I’d be worried about the amount of strength they are showing to be able to that but I’d be worried that the officer was on their back in the first place,” she replied.
“It’s just confirming that somebody was on their back.”
The inquiry into the death of Mr Sheku in police custody in Kirkcaldy in 2015 continues.
