Bayoh Family Renews Call for Crown Office Inquiry Expansion

The family of Sheku Bayoh has reiterated its demand for the Scottish government to broaden the scope of the public inquiry into his death. This expansion would encompass the Crown Office’s decisions regarding the non-prosecution of any individuals involved. The 31-year-old individual passed away in 2015 after being restrained by six police officers on a street in Kirkcaldy. Mr. Bayoh’s relatives state they have corresponded with Deputy First Minister Kate Forbes on multiple occasions, requesting an extension to the inquiry’s terms of reference. Ms. Forbes has indicated that she has communicated with all primary participants to ensure the impartiality of her decision and intends to reply with promptness. Since November 2022, a public inquiry has been underway, investigating the circumstances surrounding Mr. Bayoh’s demise, the methods used in its investigation, and the potential role of race. He became unconscious after being subdued by six officers on Hayfield Road, Kirkcaldy, on the morning of May 3, 2015. When members of the public initially alerted the police, the father of two was intoxicated by drugs, possessed a knife, and was acting unpredictably. Nevertheless, upon the arrival of law enforcement, he no longer held the weapon. A forceful altercation ensued, and Mr. Bayoh was transported to a hospital, where he subsequently passed away. His relatives have urged the inquiry to investigate the Crown Office’s rationale for not prosecuting the officers implicated. Previously, his family held a meeting with Lord Bracadale, the judge presiding over the inquiry. Aamer Anwar, the family’s legal representative, stated in a post-meeting declaration that they had sent correspondence to Ms. Forbes four times since their encounter with her during the summer. He asserted their right to receive responses concerning the determinations made by the public entities concerned. “After all the work that has been done, after a nine-year struggle by the loved ones of Sheku Bayoh, for these final critical questions not to be answered as we almost reach the end, would be unconscionable,” he stated. He added, “Unanswered questions do not go away, they fester and they grow and act against the public interest.” He further remarked, “With respect, if Kate Forbes cannot make a decision, then she should step aside and let someone else fulfil the promises made to the Bayohs by the Scottish government that the truth will prevail.” In an interview with BBC Scotland News, Ms. Forbes justified the duration required to reply to the Bayoh family. She explained, “Bearing in mind that the formal request only came in in September, as the inquiry was nearing the end of the oral evidence after a number of years of the inquiry being established.” She added, “I have been moving as quickly as I can, consulting with the chair, which is my statutory duty as well as consulting with the other core participants”. A spokesperson for the Scottish government commented: “Following the family’s request to extend the inquiry’s terms of reference, the Scottish government started the process of gathering views, including consulting with the chair of the inquiry.” The spokesperson continued, “All relevant matters will be given full and careful consideration. This work is ongoing and a decision will be made as soon as possible.” A representative for the Crown Office and Procurator Fiscal Service stated: “The Crown examined the death of Sheku Bayoh in great detail and has reserved its right to prosecute should evidence in support of that become available.” They further explained: “The consequences of changes to the terms of reference have potential to be far reaching, not just for this inquiry but for any case involving a decision not to prosecute.” The spokesperson added: “The Crown continues to be supportive of the inquiry, and respectful of the position of the Bayoh family, and is carefully considering the requests made. The Crown’s position will be shared through appropriate channels as soon as is possible.” A spokeswoman for the Sheku Bayoh Inquiry reported that Lord Bracadale has consistently affirmed that Sheku Bayoh’s families are “at the heart of” the investigation. She noted, “An important part of this commitment is providing opportunities for them to meet the chair from time to time. Lord Bracadale held a private meeting with members of the family today.” The spokeswoman continued: “The families of Mr Bayoh sought an extension to the terms of reference. The chair did not request an extension. The deputy first minister consulted the chair in line with the statutory obligation to do so and he responded on 18 November. “The decision on whether to extend the terms of reference is a matter for Scottish ministers.” The investigation was declared in November 2019 and commenced twelve months subsequent to that. Its expenditures have exceeded £20 million to date.