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Sheku Bayoh's family 'devastated' over no charges | |
(about 2 hours later) | |
The family of a Fife man who died while being restrained by police said there will be no criminal charges against officers in connection with the case. | |
Sheku Bayoh's relatives said they are "devastated" and "feel nothing but a total betrayal by the Lord Advocate's decision not to prosecute". | |
The 31-year-old died in Kirkcaldy in May 2015. | |
His family say they will seek a review and they will reiterate their call for a full public inquiry. | |
It follows a meeting of his relatives with the head of Scotland's prosecution service, Lord Advocate James Wolffe QC earlier. | |
A vigil has been taking place outside the Crown Office in central Edinburgh. | |
Supporters of Sheku Bayoh's family have said they are campaigning for truth and justice. | Supporters of Sheku Bayoh's family have said they are campaigning for truth and justice. |
The family's lawyer, Aamer Anwar, told supporters at the vigil that it had been "a long, hard struggle". | The family's lawyer, Aamer Anwar, told supporters at the vigil that it had been "a long, hard struggle". |
The father-of-two, who was a trainee gas engineer originally from Sierra Leone, died after being restrained by up to six uniformed officers in a street near his home in the Fife town on 3 May 2015. | The father-of-two, who was a trainee gas engineer originally from Sierra Leone, died after being restrained by up to six uniformed officers in a street near his home in the Fife town on 3 May 2015. |
Police had received reports of a man behaving erratically and brandishing a knife in the street. | |
However, his family's lawyer said he was not carrying a weapon when he was stopped, although the BBC understands a knife was later found nearby. | |
The incident was sent to the Police Investigations Review Commissioner (Pirc) which provided its report to the Lord Advocate 16 months after Mr Bayoh's death. | The incident was sent to the Police Investigations Review Commissioner (Pirc) which provided its report to the Lord Advocate 16 months after Mr Bayoh's death. |
The family has been waiting for more than two years since then to discover whether prosecutors would bring charges against police officers as a result. | The family has been waiting for more than two years since then to discover whether prosecutors would bring charges against police officers as a result. |
Mr Anwar said he wanted to know why officers used batons, CS spray, leg restraints and handcuffs to subdue him. | Mr Anwar said he wanted to know why officers used batons, CS spray, leg restraints and handcuffs to subdue him. |
The family are already suing Police Scotland in a civil action on the grounds that Mr Bayoh's death could have been avoided. | The family are already suing Police Scotland in a civil action on the grounds that Mr Bayoh's death could have been avoided. |
How did Sheku Bayoh die? | How did Sheku Bayoh die? |
Police received a call on the morning of Sunday 3 May 2015 about a man behaving erratically and brandishing a knife in Kirkcaldy. | Police received a call on the morning of Sunday 3 May 2015 about a man behaving erratically and brandishing a knife in Kirkcaldy. |
Tests later revealed that Mr Bayoh had taken the drug MDMA (ecstasy) and traces of another drug A-PVP (sometimes called Flakka). | Tests later revealed that Mr Bayoh had taken the drug MDMA (ecstasy) and traces of another drug A-PVP (sometimes called Flakka). |
This drug has been linked to erratic behaviour. | This drug has been linked to erratic behaviour. |
Exactly what happened has not been made public but a BBC documentary earlier this year pieced together the events. | Exactly what happened has not been made public but a BBC documentary earlier this year pieced together the events. |
CCTV evidence seen by the family, but not made public, shows Mr Bayoh approaching the police at about 07:20. | CCTV evidence seen by the family, but not made public, shows Mr Bayoh approaching the police at about 07:20. |
The BBC understands the pictures show that he did not have a knife. | The BBC understands the pictures show that he did not have a knife. |
At least two officers said they believed they could be facing a terrorist incident. | At least two officers said they believed they could be facing a terrorist incident. |
At least four, and up to six, officers, were immediately involved in the encounter. | At least four, and up to six, officers, were immediately involved in the encounter. |
CS spray and police batons were used and within about 30 seconds, Mr Bayoh was brought to the ground, face down. Handcuffs and leg restraints were applied. | CS spray and police batons were used and within about 30 seconds, Mr Bayoh was brought to the ground, face down. Handcuffs and leg restraints were applied. |
Eyewitness reports suggested that officers were kneeling and lying on Mr Bayoh in order to restrain him. | Eyewitness reports suggested that officers were kneeling and lying on Mr Bayoh in order to restrain him. |
Less than five minutes after the encounter began, Mr Bayoh was noticed to be unconscious and one officer radioed for an ambulance. | Less than five minutes after the encounter began, Mr Bayoh was noticed to be unconscious and one officer radioed for an ambulance. |
A further five minutes later, the ambulance still had not arrived, and an officer reported to base that Mr Bayoh was no longer breathing. | A further five minutes later, the ambulance still had not arrived, and an officer reported to base that Mr Bayoh was no longer breathing. |
CPR was attempted by the officers, but Mr Bayoh arrived by ambulance at the town's Victoria Hospital, where his sister works, unresponsive. He was pronounced dead at 09:04. | CPR was attempted by the officers, but Mr Bayoh arrived by ambulance at the town's Victoria Hospital, where his sister works, unresponsive. He was pronounced dead at 09:04. |
A post-mortem examination revealed a series of injuries over his body, face and head, including a deep gash across his forehead. | A post-mortem examination revealed a series of injuries over his body, face and head, including a deep gash across his forehead. |
Tiny blood spots, or petechial haemorrhages were discovered in his eyes - a sign of potential asphyxia. | Tiny blood spots, or petechial haemorrhages were discovered in his eyes - a sign of potential asphyxia. |
The post-mortem examination declared he had died after taking the drug MDMA, while being restrained. | The post-mortem examination declared he had died after taking the drug MDMA, while being restrained. |
But the family claim his death was caused by positional asphyxia - effectively being suffocated as a result of the position his body was in. | But the family claim his death was caused by positional asphyxia - effectively being suffocated as a result of the position his body was in. |
Positional asphyxia is a common cause of death in police custody where restraint is involved. | Positional asphyxia is a common cause of death in police custody where restraint is involved. |
Mr Anwar told the BBC: "We've always said that if Sheku Bayoh broke the law then police had a right to act. But any force they used had to be reasonable and it had to be proportionate. | Mr Anwar told the BBC: "We've always said that if Sheku Bayoh broke the law then police had a right to act. But any force they used had to be reasonable and it had to be proportionate. |
"The question for the family arises, 'If the police had not attended, would Sheku have been alive?', and I believe yes." | "The question for the family arises, 'If the police had not attended, would Sheku have been alive?', and I believe yes." |
Public inquiry | Public inquiry |
The family will meet Justice Secretary Humza Yousaf later. | |
They will ask him to hold a public inquiry into every aspect of the case. | They will ask him to hold a public inquiry into every aspect of the case. |
The Scottish government has the power to trigger a public inquiry into the death. | The Scottish government has the power to trigger a public inquiry into the death. |
It could examine the use of restraint, training of officers, the investigation and the issue of race. | It could examine the use of restraint, training of officers, the investigation and the issue of race. |