The chair of the inquiry into the death of Sheku Bayoh has urged politicians to reach a decision on expanding the scope of the probe.
Deputy First Minister Kate Forbes was asked in June by Mr Bayoh’s family to allow Lord Bracadale to investigate why the Crown Office did not prosecute the police officers or Police Scotland.
Mr Bayoh, 31, a father-of-two, died after he was restrained on the ground by six police officers in Hayfield Road, Kirkcaldy, on May 3, 2015.
The incident came following multiple 999 calls from the public reporting Mr Bayoh striding through the streets while in possession of a knife.
Officers claim that Mr Bayoh attacked PC Nicole Short, prompting them to take action to restrain him.
Inquiry hears final evidence
The Sheku Bayoh Inquiry began two years ago and is examining the circumstances leading to his death and the aftermath and investigation, including whether race was a factor.
It has heard oral evidence over the course of around 120 separate hearing days, as well as examining written statements and documents.
Wednesday marked the final evidential hearing of the Inquiry, with closing statements to take place in December.
But Lord Bracadale urged ministers to reach a decision as to whether the Inquiry could also examine the Crown Office decision not to prosecute police.
He said: “I am aware that the Scottish Ministers have for some time been considering a request by the families of Sheku Bayoh to extend the terms of reference of the Inquiry.
“In order to fulfil extended terms of reference the Inquiry would require to examine further evidence.
“Having regard to the stage that the inquiry has reached, and the need for the Inquiry and all core participants to plan ahead, I would very much hope that the Scottish Ministers are able to reach a decision on this issue as soon as possible.”
Government accused of stonewalling family
Human rights lawyer Aamer Anwar, who is representing Mr Bayoh’s family, last week accused the Scottish justice system of being “institutionally racist”.
Following the conclusion of the hearings, he said: “For the family and community this was not a death in police custody, but suspected police killing.
“Over the years it became clear to the family, that the police, PIRC and Crown Office has operated an unholy trinity of dishonesty, racism and incompetence, betraying the word justice.
“Kate Forbes, as Deputy First Minister was asked several weeks ago to expand the terms of reference … to allow this inquiry to examine and investigate why the Crown Office did not prosecute the police officers or Police Scotland.
“It cannot be right that in 2024, the Crown Office the most powerful institution in our country tasked with protecting us from our guardians of law and order when they abuse the rule of law – are unaccountable themselves.
“The Bayoh family are deeply grateful to Lord Bracadale and his team for their robust and impartial inquiry but they now must directly appeal to Kate Forbes to fulfil her Government’s promise to them to deliver the whole truth, and not to be complicit in the final betrayal of justice.”
Mr Bayoh’s sister Kadi Johnson said: “We have come this far because we want to know why Sheku died and how he died but if we don’t get there then we, for us we have no closure, so I plead with Kate Forbes to get on with it and get a decision made.”
Ms Forbes said: “All participants’ views must be given full and careful consideration ahead of any decision being taken to extend the terms of reference.
“I have initiated the formal process of gathering the views of all key parties on this request, including meeting the chair of the inquiry on September 5, in line with the Inquiry Act 2005.
“I wrote to Mr Anwar on September 10 assuring him that the process is under way.”
The Crown Office declined to comment.
The next stage of the inquiry will be the closing submissions, with oral submissions due to begin on December 3.
