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| No charges for Scottish police over Sheku Bayoh death in custody | No charges for Scottish police over Sheku Bayoh death in custody |
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| Scotland’s chief prosecutor has decided not to charge any police officers over the death of Sheku Bayoh, a trainee gas engineer who died in custody three years ago. | Scotland’s chief prosecutor has decided not to charge any police officers over the death of Sheku Bayoh, a trainee gas engineer who died in custody three years ago. |
| Bayoh died while being subdued by a group of officers soon after 7am on Sunday 3 May 2015 in Kirkcaldy, Fife, who had used CS gas, pepper spray, batons and leg and arm restraints as they arrested him. | Bayoh died while being subdued by a group of officers soon after 7am on Sunday 3 May 2015 in Kirkcaldy, Fife, who had used CS gas, pepper spray, batons and leg and arm restraints as they arrested him. |
| James Wolffe, the lord advocate, formally told Bayoh’s family that he would not prosecute any of the officers involved during a private meeting at the Crown Office in Edinburgh on Wednesday. | |
| Speaking shortly after their meeting, Bayoh’s sister Kadijatu Johnson told reporters: “I have left this office very disappointed and disgusted. My brother Sheku has died and yet the police get to walk free. The justice system has failed us as a family as well as his two boys.” | |
| Furious that news of Wolffe’s decision appeared to have been leaked last month, the family’s lawyer Aamer Anwar said they would press Humza Yousaf, the Scottish justice secretary, to order a public inquiry. | |
| “Sheku’s family believe they have been failed by those who have a duty to protect the public and uphold the rule of law,” Anwar said, before the family went to meet Yousaf in private at the Scottish parliament. | “Sheku’s family believe they have been failed by those who have a duty to protect the public and uphold the rule of law,” Anwar said, before the family went to meet Yousaf in private at the Scottish parliament. |
| “There have been repeated attempts by police sources to print lies, criminalise, speculate and smear Sheku in his final moments,” Anwar added. | “There have been repeated attempts by police sources to print lies, criminalise, speculate and smear Sheku in his final moments,” Anwar added. |
| “Sheku Bayoh was under the influence of drugs but he did not deserve to die. He acted out of character and the police had every right to act if he had broken the law to defend themselves, but any force used had to reasonable, proportionate and legitimate.” | “Sheku Bayoh was under the influence of drugs but he did not deserve to die. He acted out of character and the police had every right to act if he had broken the law to defend themselves, but any force used had to reasonable, proportionate and legitimate.” |
| Bayoh’s common law wife, Collette Bell, and his relatives launched a civil action for damages against Police Scotland in May, seeking £1.85m in damages in what is thought to be the first time a Scottish force has been sued for unlawful killing. | Bayoh’s common law wife, Collette Bell, and his relatives launched a civil action for damages against Police Scotland in May, seeking £1.85m in damages in what is thought to be the first time a Scottish force has been sued for unlawful killing. |
| His family insist Bayoh died from positional asphyxia as a direct result of the use of incapacitants and being crushed on the pavement by up to five officers. Postmortems showed dozens of bruises, cuts and a type of haemorrhaging around his eyes consistent with being asphyxiated. | His family insist Bayoh died from positional asphyxia as a direct result of the use of incapacitants and being crushed on the pavement by up to five officers. Postmortems showed dozens of bruises, cuts and a type of haemorrhaging around his eyes consistent with being asphyxiated. |
| They said CCTV evidence disproved police claims he had been violent and physically threatening towards the police, and showed he was empty-handed when approached by police. | |
| The police insisted their techniques were proportionate, and said toxicology evidence showed Bayoh had taken the drugs ecstasy and alpha PVP, a synthetic psychostimulant. Police sources say Bayoh had had a violent confrontation with a friend several hours before he was arrested. | The police insisted their techniques were proportionate, and said toxicology evidence showed Bayoh had taken the drugs ecstasy and alpha PVP, a synthetic psychostimulant. Police sources say Bayoh had had a violent confrontation with a friend several hours before he was arrested. |
| It is understood some experts gave evidence those drugs contributed to Bayoh’s death and the Police and Investigations Review Commissioner (PIRC), an independent complaints agency, cleared the police of wrongdoing. | It is understood some experts gave evidence those drugs contributed to Bayoh’s death and the Police and Investigations Review Commissioner (PIRC), an independent complaints agency, cleared the police of wrongdoing. |
| The police had been responding to witness claims that a man had been acting erratically on a nearby street and waving a sword or knife. That was disputed at the time by Bayoh’s lawyer but it has been reported a knife was later recovered under a car nearby. | |
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