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Sheku Bayoh's family 'devastated' over no charges Sheku Bayoh's family 'devastated' over no charges
(35 minutes 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. The family of a Fife man who died while being restrained by police have said they are "devastated" 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". Sheku Bayoh's relatives said they "feel nothing but a total betrayal" over the decision not to prosecute.
The 31-year-old died in Kirkcaldy in May 2015. Father-of-two Mr Bayoh, 31, 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. His family said they would seek a review of the decision and continue to fight for a public inquiry.
It follows a meeting of his relatives with the head of Scotland's prosecution service, Lord Advocate James Wolffe QC earlier. The Crown Office said it had conducted its investigation with "professionalism, integrity and respect".
A vigil has been taking place outside the Crown Office in central Edinburgh. Supporters of Mr Bayoh's family held a vigil outside the Crown Office in Edinburgh as relatives met the head of Scotland's prosecution service, Lord Advocate James Wolffe QC.
Supporters of Sheku Bayoh's family have said they are campaigning for truth and justice. Speaking after the meeting, lawyer Aamer Anwar said: "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.
The family's lawyer, Aamer Anwar, told supporters at the vigil that it had been "a long, hard struggle". "Sheku's family believe they have been failed by those who have a duty to protect the public and uphold the rule of law."
Accountability and justice He said the family would "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".
Mr Anwar said on behalf of the family: "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. Mr Anwar added: "They will robustly pursue a civil action and meet with the justice minister this afternoon.
"Sheku's family believe they have been failed by those who have a duty to protect the public and uphold the rule of law. "They will accept nothing less than a public inquiry from the Scottish government, an FAI would be another betrayal and would do nothing to bring about real change, accountability and justice."
"Each institution from Police Scotland under the previous leadership of Stephen House, PIRC and now the Crown Office have failed to hold to account those responsible for the death of Sheku Bayoh. 'Integrity and respect'
"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, they have demanded that all evidence must now be disclosed to the family by Crown Office and the Lord Advocate must not stand in the way of justice and the pursuit for truth if he will not act. A Crown Office spokesman said it had been "a complex investigation", and acknowledged it had been a "difficult time" for Mr Bayoh's family and all those involved.
He added: "They will robustly pursue a civil action and meet with the Justice Minister this afternoon. They will accept nothing less than a public inquiry from the Scottish government, an FAI would be another betrayal and would do nothing to bring about real change, accountability and justice." "The crown has conducted this investigation with professionalism, integrity and respect," he added.
A Crown Office spokesman, said: "The Lord Advocate, senior crown counsel and officials from the Crown Office and Procurator Fiscal Service have met with the family of Sheku Bayoh, and their legal representative to inform them of the status of this case.
"This has been a complex investigation, and COPFS appreciates that it has been a difficult time for Mr Bayoh's family and for all those involved.
"The crown has conducted this investigation with professionalism, integrity and respect.
"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."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.""In order to protect any potential proceedings and to preserve the rights of the family, the Crown will not comment further at this stage."
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. Uniformed officers
Mr Bayoh, 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.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. 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 inquiryPublic inquiry
The family will meet Justice Secretary Humza Yousaf later.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.