The family of a man who died in police custody have held a “brutally honest” meeting with Scotland’s top police officer, in the wake of a decision by the Deputy First Minister not to extend an inquiry into the death to examine why no prosecutions were brought.
Sheku Bayoh, a father-of-two, died after he was restrained by around six police officers who were called to Hayfield Road in Kirkcaldy, Fife, on May 3, 2015.
The Crown Office decided not to take legal action against the police involved in the incident following an investigation.
Mr Bayoh’s family had urged Kate Forbes to extend the terms of reference of the public inquiry investigating the circumstances of the 31-year-old’s death, and whether race was a factor, to also include the Crown’s decisions not to bring any prosecutions in 2018 and 2019.
However on Tuesday Ms Forbes confirmed the remit of the inquiry will not be changed, saying doing so would not be in the public interest.
Mr Bayoh’s sister Kadi Johnson met with Police Scotland Chief Constable Jo Farrell on Wednesday, along with the family’s solicitor, Aamer Anwar.
Speaking afterwards, Mr Anwar said Ms Forbes had “betrayed” the promises made to the family by the Scottish Government.
“Today Kadi Johnson, sister of Sheku Bayoh, and myself met with the chief constable in what can be described as a robust but brutally honest meeting,” he said.
“The family are grateful to the chief constable for coming to meet the family, especially in the aftermath of the Deputy First Minister’s decision.
“Kate Forbes should hang her head in shame, she betrayed the promises made to the family by the Scottish Government, but inadvertently she has left the door open to exposing the failure of Crown Office.”
He referred to part of a letter Ms Forbes had sent to him on Tuesday explaining her decision, where she said she is “confident” inquiry chairman Lord Bracadale will highlight any evidence suggesting “prosecutorial decisions may have been made on a flawed basis”.
Sheku Bayoh’s sister Kadi Johnson, left, met with the chief constable of Police Scotland on Wednesday (Nick Forbes/PA)
Mr Anwar said the family had asked Ms Farrell to “consider reinvestigating the criminal complaints against police officers”, adding this is justified by the evidence revealed during the inquiry.
The lawyer also said the chief constable had confirmed in the meeting previous comments that Police Scotland is “institutionally racist” and that it needs to change.
“The chief constable apologised for the treatment of the Bayoh family and reiterated her continued support for the public inquiry, and confirmed that Police Scotland is institutionally racist and they must change so that no-one suffers the terrible trauma the Bayoh family has,” he said.
In a brief statement, Ms Johnson said she and the rest of the family are “tired” following their decade-long campaign for justice.
She said: “I am tired. It will be 10 years in May and we are still fighting for justice.”
Ms Forbes said on Tuesday: “Mr Bayoh’s family continue to have my deepest condolences.
“As set out in legislation, I may amend the terms of reference if I consider the public interest requires this.
Deputy First Minister Kate Forbes has said it would not be in the public interest to extend the inquiry’s remit (PA)
“The inquiry’s terms of reference were announced in May 2020 and I have decided it is not in the public interest to extend the remit almost five years later and after evidential hearings have concluded.
“I hope that it is now possible for the chair to deliver his independent findings and recommendations as soon as possible.
“I am confident that the terms of reference, as announced in 2020, are sufficiently broad to allow the chair to present a substantial report with detailed findings and recommendations – including on the investigation and the extent to which Mr Bayoh’s actual or perceived race was a factor.”
The inquiry, which has heard 122 days of evidence, will now move to closing submissions, and Lord Bracadale has pledged he will then prepare his final report without delay.
Mr Anwar said the family had told the chief constable that “charges must follow” once the inquiry ends.
“This isn’t the end, because, as we said to the chief constable today, charges must follow in Scotland,” he said.
“Those police officers that have been shown to have lied, to have broken the law, to have engaged in criminality.
“So once the public inquiry ends, we expect the Solicitor General to do her job.”
The Scottish Government has been contacted for comment.