Kate Forbes Urged to Allow Sheku Bayoh Inquiry to Examine Crown Office Decision not to Prosecute
Kate Forbes, the Deputy First Minister, has been urged to expand the scope of an inquiry into the death of Sheku Bayoh in police custody nine years ago. Aamer Anwar, who represents the victim’s family, emphasized the importance of this move to ensure the inquiry fulfills its intended purpose. Sheku, a father of two, tragically passed away after being forcibly restrained on the ground by six officers in Kirkcaldy in 2015 while under the influence of drugs. The arrest involved the use of CS gas, pepper spray, batons, and physical restraints on Bayoh’s legs and arms. Despite an investigation, the Crown Office opted not to pursue legal action against the officers involved.
The ongoing public inquiry, presided over by Lord Bracadale, is investigating the circumstances surrounding Bayoh’s death, including whether race played a role in the police officers’ actions. Anwar asserted that both the Police Investigations and Review Commissioner (Pirc) and the Crown Office failed in their responsibilities in the aftermath of Bayoh’s death. The family is now awaiting a decision from Kate Forbes to extend the inquiry’s terms of reference to include an examination of the Crown’s decision-making process during the prosecution phase. According to Anwar, without this extension, the inquiry would not serve its purpose effectively.
Anwar stated, “For over nine years, the family has been advocating for truth and justice, which includes the establishment of the public inquiry. It’s evident after two years of evidence that the inquiry cannot fulfil its mandate without an expansion of the terms of reference.” The Bayoh family engaged with Ms. Forbes during the summer and subsequently made four requests from September to November for the terms of reference to be broadened. Anwar highlighted significant failures by the Crown Office in understanding factual evidence, providing biased instructions to witnesses, and overlooking the issue of race in their assessment.
The inquiry’s spokeswoman noted that the families of Sheku Bayoh are central to the inquiry’s process and confirmed a recent private meeting between Lord Bracadale and members of the Bayoh family. While the family sought an extension of the inquiry’s terms, it was clarified that the chair did not make a formal request for such an extension. The decision on extending the terms of reference lies with Scottish ministers following consultation with the chair, adhering to statutory obligations.
A spokesperson for the Crown Office and Procurator Fiscal Service highlighted the detailed examination conducted into Sheku Bayoh’s death and reiterated the Crown’s readiness to prosecute if new evidence supporting such action surfaces. Any alterations to the inquiry’s terms of reference could have broad implications not only for this specific case but also for future instances where prosecution decisions are reviewed. The Crown Office expressed its support for the inquiry process and assured careful consideration of the requests made by the Bayoh family.
The Scottish Government disclosed that they have initiated the process of gathering input regarding the family’s request to extend the inquiry’s terms of reference. Consultations with the inquiry’s chair are underway, and a decision is expected to be reached promptly. The government affirmed that all relevant aspects would be thoroughly assessed before making a determination.
In summary, the demand to scrutinise the Crown Office’s decision-making process within the Sheku Bayoh inquiry is a critical step towards achieving transparency, accountability, and justice for the family. The outcome of this deliberation could potentially influence future cases involving prosecutorial decisions, underscoring the significance of a thorough and impartial review process.