The family of Sheku Bayoh have accused the Scottish Government of “stonewalling” them over calls for it to expand the terms of reference of the inquiry into his death.
They said it is “deeply insulting” that ministers appear to be “ignoring” them and Lord Bracadale after the family asked for the inquiry to be allowed to examine and investigate why the Crown Office did not prosecute police after the incident.
Mr Bayoh, a father-of-two, died after he was restrained by around six police officers who were called to Hayfield Road in Kirkcaldy, Fife, on May 3, 2015.
The inquiry, which the Scottish Government said cost £20,127,519 between its start on November 30, 2020 and June 30 this year, is investigating the circumstances of the 31-year-old’s death and whether race was a factor.
In his closing statement, inquiry chairman Lord Bracadale said he hopes Scottish ministers are able to reach a decision on the family’s request for the terms of reference to be extended “as soon as possible”.
The family’s lawyer Aamer Anwar read a statement on their behalf after evidential hearings finished on Wednesday.
He said: “Kate Forbes, as Deputy First Minister, was asked several weeks ago to expand the terms of reference by the chair, to allow this inquiry to examine and investigate why the Crown Office did not prosecute the police officers or Police Scotland.
“For five weeks this inquiry and the family have awaited a response, it is deeply insulting that this Government is deliberately stonewalling not just them but ignoring Lord Bracadale.
“Today to put it bluntly, Kate Forbes was asked at the end of evidence, to hurry up and make a decision by Lord Bracadale. Kate Forbes will also be aware that the leaders of the opposition have also backed the family’s demands.
“It cannot be right that in 2024, the Crown Office, the most powerful institution in our country tasked with protecting us from our guardians of law and order when they abuse the rule of law, are unaccountable themselves.
“Unless those terms are expanded, family after family will continue to be denied justice by an archaic rule, leaving the Crown Office who when they fail in their public duty, can simply cover it up.
“The Bayoh family are deeply grateful to Lord Bracadale and his team for their robust and impartial inquiry, but they now must directly appeal to Kate Forbes to fulfil her Government’s promise to them to deliver the whole truth, and not to be complicit in the final betrayal of justice.”
At a press conference after the evidential hearing, Mr Bayoh’s sister Kadi Johnson said: “We have come this far because we want to know why Sheku died and how he died, but if we don’t get there then we, for us we have no closure, so I plead with Kate Forbes to get on with it and get a decision made.”
Since May 2022 the inquiry has held around 120 days of hearings on evidence as well as examining many statements from people who did not give oral evidence.
In his closing statement, Lord Bracadale said: “I am aware that the Scottish ministers have for some time been considering a request by the families of Sheku Bayoh to extend the terms of reference of the inquiry.
“In order to fulfil extended terms of reference the inquiry would require to examine further evidence.
“Having regard to the stage that the inquiry has reached, and the need for the inquiry and all core participants to plan ahead, I would very much hope that the Scottish ministers are able to reach a decision on this issue as soon as possible.”
Mr Forbes said: “All participants’ views must be given full and careful consideration ahead of any decision being taken to extend the terms of reference.
“I have initiated the formal process of gathering the views of all key parties on this request, including meeting the chair of the inquiry on September 5, in line with the Inquiry Act 2005.
“I wrote to Mr Anwar on September 10 assuring him that the process is under way.”
The next stage of the inquiry will be the closing submissions, with oral submissions due to begin on December 3.
The Crown Office declined to comment.
