‘No closure’ for family without wider inquiry into Bayoh death

The sister of Sheku Bayoh says her family will have “no closure” unless the scope of the public inquiry into his death is widened.

Mr Bayoh, 31, died after he was restrained on the ground following a violent confrontation with police in Kirkcaldy, Fife, in May 2015.

Kadi Johnson and the family also want the inquiry to investigate the Crown Office’s decision not to bring any prosecutions over the case.

The public inquiry is examining the circumstances of the death of Mr Bayoh – a black man – how his death was investigated and whether race played a factor.

The inquiry chair, Lord Bracadale, has urged the Scottish government to reach a decision over the family’s request “as soon as possible”.

Deputy First Minister Kate Forbes said it was being considered and all participants views given “careful consideration”.

The public inquiry began in Edinburgh in November 2022 and has cost more than £20m so far.

The first stage of hearings have now concluded and oral submissions are due to begin in December.

Speaking after proceedings adjourned, Ms Johnson said: “For me and the rest of the family we all have no closure.

“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 have no closure.”

Lawyer Aamer Anwar, representing the family, said the deputy first minister was asked five weeks ago to expand the inquiry’s terms of reference – to investigate why officers and the force itself were not investigated.

He said this request was backed by Scottish Labour leader Anas Sarwar and Scottish Conservative leader Russell Findlay.

Mr Anwar said: “It is deeply insulting that this government is deliberately stonewalling, not just them, but ignoring Lord Bracadale.

“To put it bluntly, Kate Forbes was asked at the end of evidence, to hurry up and make a decision by Lord Bracadale.”

He added: “Unless those terms are expanded, family after family will continue to be denied justice by an archaic rule, leaving the Crown Office who when they fail in their public duty, can simply cover it up.”

The deputy first minister said she wrote to Mr Anwar last month to confirm that the family’s request was being considered.

She said she had initiated the formal process of gathering the views of all key parties, including meeting Lord Bracadale.

Forbes said: “All participants views must be given full and careful consideration ahead of any decision being taken to extend the terms of reference.”

Earlier this month the lawyer described Scotland’s criminal justice system as “institutionally racist”.

Giving evidence to the inquiry, Mr Anwar said that he initially advised Mr Bayoh’s relatives to trust the Crown Office and Police Investigations and Review Commissioner (Pirc) in their investigation,

Mr Anwar also said they should not mention race as a factor as they would be “attacked” for doing so.

Mr Bayoh lost consciousness after being restrained by six officers on Hayfield Road, Kirkcaldy, on the morning of 3 May 2015.

The father-of-two was under the influence of drugs, carrying a knife and behaving erratically when members of the public first contacted the police.

However, by the time officers arrived, he was no longer in possession of the blade.

A violent confrontation followed and Mr Bayoh was taken to hospital, where he later died.

In June former Police Scotland chief constable Sir Iain Livingstone said revelations at the public inquiry played a major part in his decision to describe the force as institutionally racist.

And former lord advocate James Wolffe KC has expressed his “deep regret” that it cost the confidence of the family.