Scotland’s police chief is taking court action against the Scottish Government’s handling of the inquiry into the death of Sheku Bayoh.
Chief Constable Jo Farrell is raising the action against Deputy First Minister Kate Forbes in a bid to challenge calls for an extension into the inquiry.
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.
Forbes urged to extend the terms of reference of public inquiry
Kate Forbes was asked last 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.
She has now been urged to extend the terms of reference of the public inquiry, which is investigating the circumstances of the 31-year-old’s death and whether race was a factor.
Jo Farrell has now “reluctantly” applied for a judicial review to ensure the process behind any such extension is “lawful”.
The Crown Office and Procurator Fiscal Service (COPFS) decided not to take legal action against the police officers involved in the 2015 incident following an investigation.
Farrell has been accused of “denying a black family the truth” after launching the unprecedented legal challenge over the Sheku Bayoh,
In a letter to Ms Farrell, first reported in the Sunday Mail, Mr Bayoh’s sister Kadi Johnson said the family feel “betrayed” after hearing about the call for a judicial review.
She said: “Yet again Police Scotland has betrayed me and my family, now you and your army of lawyers are denying us, a black family, the right to know the truth.”
She added: “Meanwhile, we wait on Kate Forbes making a decision and to do it as soon as possible, at the very least we have hope that she will not betray the promises made to us by her Government to pursue the truth.”
Forbes is in the process of making a judgement on whether to broaden the scope of the inquiry in a move that could pave the way for fresh criminal prosecutions.
Earlier this month the Crown Office said it would not stand in the way of the move.
Farrell seeking a judicial review
But the Chief Constable has now instructed lawyers to go to the Court of Session to seek a judicial review of the process being used by Forbes.
Her legal team have outlined what they believe is an “unfair approach” on the part of the government and challenged whether its decision making process is lawful.
Human rights lawyer Aamer Anwar, who represents Mr Bayoh’s family, previously accused the Scottish justice system of being “institutionally racist”.
Last October he said: “For the family and community this was not a death in police custody, but a suspected police killing.
“Over the years it has become 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.”
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.
Commenting on Farrell’s legal challenge, a Scottish Government spokesperson said: “We are aware of these proceedings.
“It would be inappropriate to comment while proceedings are underway.”
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