Kate Forbes urged to allow Sheku Bayoh inquiry to examine Crown Office decision not to prosecute

Kate Forbes has been urged to allow the Sheku Bayoh inquiry to expand its investigation to include the Crown Office’s decision not to prosecute in the case. Aamer Anwar, the family’s representative, emphasized the importance of this extension to ensure the inquiry fulfills its purpose. Sheku Bayoh, a father of two, tragically died in 2015 after being restrained by six officers in Kirkcaldy while under the influence of drugs. The use of CS gas, pepper spray, batons, and restraints during the arrest has raised significant questions.

Despite an investigation, the Crown Office chose not to pursue legal action against the involved police officers. The ongoing inquiry, overseen by Lord Bracadale, aims to uncover the circumstances surrounding Bayoh’s death and assess whether race played a role in the police officers’ actions. Anwar criticized the Police Investigations and Review Commissioner (Pirc) and the Crown Office for their handling of the case immediately following Bayoh’s death, highlighting what he perceives as failures in their respective roles.

Anwar stressed the family’s long-standing quest for truth and justice, which led to the establishment of the public inquiry. He underlined that the inquiry’s effectiveness hinges on including an examination of the Crown’s decision-making process regarding prosecution. The family believes that if the Crown had heeded their submissions earlier, a public inquiry might have been unnecessary, with the focus on criminal prosecution instead.

Meetings between the Bayoh family and Deputy First Minister Kate Forbes have taken place, with Anwar highlighting repeated requests for an extension of the inquiry’s terms of reference. Anwar pointed out alleged failures by the Crown Office to comprehend factual evidence, provide impartial instructions to witnesses, and address issues of race. The family and their legal team insist that without addressing these factors, the inquiry cannot be deemed comprehensive.

The inquiry’s chair, Lord Bracadale, reaffirmed the focus on the Bayoh family’s concerns and held a private meeting with family members. While the Bayoh family sought an extension of the terms of reference, the chair did not formally request one. The decision to extend the terms of reference rests with Scottish ministers, following consultations with the inquiry chair.

In response, a Crown Office spokesperson stated the office’s readiness to prosecute if new evidence emerges. They highlighted the potential implications of altering the inquiry’s terms of reference, not only for this case but also for future decisions not to prosecute. The Crown Office pledged to carefully consider the requests made while affirming their support for the inquiry and respect for the Bayoh family.

The Scottish Government confirmed ongoing deliberations on extending the inquiry’s terms of reference following the family’s request. The views gathered, including those of the inquiry chair, will be thoroughly considered in reaching a decision promptly. The process reflects the government’s commitment to addressing the family’s concerns and ensuring a comprehensive inquiry.

The call to expand the Sheku Bayoh inquiry to scrutinise the Crown Office’s decision not to prosecute reflects the family’s pursuit of transparency and justice in the face of a complex and sensitive case. By allowing a thorough examination of all relevant factors, including potential racial implications and prosecution decisions, the inquiry can strive to deliver a comprehensive and fair investigation.