A row has broken out between Scotland’s former justice secretary and the lawyer representing the family of a Fife man who died in police custody.
The death in police custody of Sheku Bayoh in Kirkcaldy on May 3 is currently being investigated by Police Scotland’s independent watchdog the Police Investigations Review Commissioner (Pirc).
Former Scottish Government justice secretary Kenny MacAskill has accused campaigners and commentators of declaring an “open season of hunting Police Scotland” and creating a “poisonous atmosphere” in which individual officers have been targeted.
Mr MacAskill also defended Pirc against critics who have questioned why former police officers are employed to investigate serving officers.
His comments have been welcomed by the police officers’ lawyer Prof Peter Watson, and have prompted a renewed commitment from Pirc to investigate Mr Bayoh’s death with “impartial scrutiny”.
But solicitor Aamer Anwar, representing Mr Bayoh’s family, has accused Mr MacAskill and Mr Watson of “yet another attempt to divert attention from why Sheku Bayoh died” and the clash continued with an ugly row on Twitter.
Perhaps then @KennyMacAskill it wld hav been better 4 u2b silent- & stop being a cheerleader 4PolScot- family saw evidence @fevzihussein
— Aamer Anwar (@AamerAnwar) October 19, 2015
Oh nice& classy, Kenny Ex Justice Sec @KennyMacAskill @fevzihussein I'll carry on with @Justice4Sheku pic.twitter.com/PUnexhGSPB
— Aamer Anwar (@AamerAnwar) October 19, 2015
Writing in the journal Police Professional, Mr MacAskill said “the usual rules of tempering comment and refraining from speculation seem to have been abrogated” in the Bayoh case.
“The fact that the police are involved seems to change the ground rules for many that would apply in another suspicious death or for another organisation,” he said.
“That appears to be happening as the open season of hunting Police Scotland continues and individual officers are targeted.”
He added: “Aspersions are made that the majority of Pirc staff are former police officers. No explanation given that it is both logical and sensible. Would they prefer bakers and plumbers?
“Surely those best placed to investigate a suspicious death or potential criminal action are those trained and experienced in doing so?”
He continued: “The poisonous atmosphere generated by the constant carping is damaging for morale of both the service and no doubt the individual officers.
“I believe the investigation will disclose a tragic accident and no criminality.”
Mr Watson said: “I welcome these comments from the former justice secretary and I agree the sooner we get to whatever judicial proceedings are to follow the better.
“This will most likely be a fatal accident inquiry. This will establish the facts and do so on evidence tested in court.”
Kate Frame, the Police Investigations and Review Commissioner, said the Bayoh investigation is being conducted by 15 specialist ex-police officers and 13 staff from a variety of investigatory backgrounds, including recruits from the Fire Service, military and the Care Inspectorate, she said.
“The public can be reassured that I and my team will continue to provide robust and independent investigation into incidents involving the police,” she said.
“To that end, whether it is the Sheku Bayoh case or any other, I will ensure that I do everything within my power to reveal the facts of the matter and get to the truth.”
Mr Anwar said: “The Bayoh family are distraught at yet again another attempt to divert attention from why Sheku Bayoh died on May 3.”
He added: “Sheku’s family find it upsetting that a former justice secretary should insult their family without having a full grasp of the facts, after all it was not them who advised nine police officers to speak to the Pirc for some 32 days.
“As for the Bayoh family they will not be bullied, silenced or patronised.”
Mr Anwar and Mr MacAskill then clashed on Twitter when the lawyer responded to a tweet by Mr McAskill suggesting people should reserve judgment.
Mr Anwar told the former justice secretary: “It would have been better for you to be silent – and stop being a cheerleader for Police Scotland. Family saw evidence.”
When Mr MacAskill said Mr Anwar was not staying silent, the lawyer responded: “Family were forced to speak out after what they saw – Your problem always that Police Scotland can do no wrong.”
But Mr MacAskill hit back, alleging that the case “keeps your (Mr Anwar’s) profile high and doubtless good for business” to which Mr Anwar simply answered: “Oh nice and classy”.