The sister of Sheku Bayoh has claimed Scotland’s most senior law officer has betrayed her grieving family.
Tearful Kadi Johnson said the 31-year-old’s relatives were disgusted by the Lord Advocate’s decision not to prosecute any of the police officers involved in his death.
Speaking after a meeting with James Wolffe at the Crown Office in Edinburgh, she said: “We have left this office very disappointed and disgusted.
“My brother Sheku died yet the police get to walk free.
“The justice system has failed us as a family as well as Sheku’s two boys, Isaac and Tyler.”
Lawyer Aamer Anwar said the family would seek a review of the decision within a month and would accept nothing less than a public inquiry by the Scottish Government into the death.
They are also “robustly pursuing” a civil action against Police Scotland.
Justice Minister Humza Yousaf, who met the Bayoh family yesterday, said a probe remained an option but only once the criminal process had been exhausted.
Mr Bayoh died on May 3 2015 on a Kirkcaldy street while being restrained by up to nine police officers who said they were responding to reports of a man acting erratically while armed with a knife.
It is thought he suffocated as he lay face down with police on top of him.
The presence of drugs in his system may have contributed to his death.
Mr Anwar said: “Today the family is devastated and feel nothing but a total betrayal by the Lord Advocate’s decision not to prosecute any of the nine officers or Police Scotland.
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“Sheku’s family believe they have been failed by those who have a duty to protect the public and uphold the rule of law.”
Joined by Kadi and her sister Adama Jalloh, he added: “Sheku Bayoh was under the influence of drugs but he did not deserve to die.
“He acted out of character and the police had every right to act… but any force used had to be reasonable, proportionate and legitimate.
“But we now know he did not attack the police with a knife, did not brandish one, nor was he carrying one when the police arrived.”
He added: “The family will continue to fight for the truth and seek a review of the decision, albeit they believe that such a process is simply a box-ticking exercise.”
A Crown Office spokesperson said the investigation into Mr Bayoh’s death had been complex.
“The Crown has conducted this investigation with professionalism, integrity and respect,” they said.
“It is committed to ensuring that the facts and circumstances surrounding the death of Sheku Bayoh are fully aired in an appropriate legal forum and, to that end, it has discussed possible next steps with a small number of colleagues in the justice system.
“In order to protect any potential proceedings and to preserve the rights of the family, the Crown will not comment further at this stage.”
Any review of the case would be conducted by a prosecutor who has not had any previous involvement.
The justice minister said the Scottish Government shared the Bayoh family’s commitment to getting answers but added: “The Lord Advocate is wholly responsible for the investigation of deaths in Scotland and decisions about criminal proceedings are entirely a matter for the crown.
“We are not ruling out the possibility of a public inquiry.
“That remains an option but it is a decision we can take only once the process around criminal proceedings has been fully exhausted.”
cwarrender@thecourier.co.uk