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| Sheku Bayoh death in custody: officer's family say he has history of violence | |
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| A policeman heavily involved in the detention of Sheku Bayoh, a Sierra Leonean man who died in police custody in Fife in May, has a history of violence and expressing racist views, the officer’s family has alleged. | A policeman heavily involved in the detention of Sheku Bayoh, a Sierra Leonean man who died in police custody in Fife in May, has a history of violence and expressing racist views, the officer’s family has alleged. |
| The Guardian has seen testimony from close members of the family of PC Alan Paton, 41, who was one of the first officers on the scene before Bayoh died during his arrest on Sunday 3 May in Kirkcaldy. They claim that Paton violently assaulted his own parents 10 years ago. | The Guardian has seen testimony from close members of the family of PC Alan Paton, 41, who was one of the first officers on the scene before Bayoh died during his arrest on Sunday 3 May in Kirkcaldy. They claim that Paton violently assaulted his own parents 10 years ago. |
| Family members also allege that Paton, who is referred to as Officer A in the official independent inquiry into Bayoh’s death by the police investigations and review commissioner (PIRC), told one close relative after the incident this summer that he “hated all blacks” and was “a total racist”. | Family members also allege that Paton, who is referred to as Officer A in the official independent inquiry into Bayoh’s death by the police investigations and review commissioner (PIRC), told one close relative after the incident this summer that he “hated all blacks” and was “a total racist”. |
| The police officer’s family allege that senior officers in Fife allowed Paton to remain on active duty, deploying him as a community police officer, after his assault on his parents, Ann and John Paton, in 2005. They state that his mother was knocked unconscious after being pushed over by Paton. | The police officer’s family allege that senior officers in Fife allowed Paton to remain on active duty, deploying him as a community police officer, after his assault on his parents, Ann and John Paton, in 2005. They state that his mother was knocked unconscious after being pushed over by Paton. |
| A spokeswoman for the PIRC, Kate Frame, indicated that these allegations would form part of the “complex and wide-ranging” investigation into Bayoh’s death. | A spokeswoman for the PIRC, Kate Frame, indicated that these allegations would form part of the “complex and wide-ranging” investigation into Bayoh’s death. |
| “The commissioner fully empathises with the deceased’s family and has reassured them that she and her team of investigators are objectively exploring all relevant lines of inquiry,” the spokeswoman said. “Any appropriate further action arising from the findings of our investigation, including the consideration of criminal proceedings, will be a matter for the lord advocate to decide upon.” | “The commissioner fully empathises with the deceased’s family and has reassured them that she and her team of investigators are objectively exploring all relevant lines of inquiry,” the spokeswoman said. “Any appropriate further action arising from the findings of our investigation, including the consideration of criminal proceedings, will be a matter for the lord advocate to decide upon.” |
| Members of Paton’s family voluntarily approached Bayoh’s family soon after his death to share their experiences. | Members of Paton’s family voluntarily approached Bayoh’s family soon after his death to share their experiences. |
| They said they had expressed deep concern to police in Kirkcaldy that Paton, who is on sick leave, remained on frontline duties immediately after the assault on his parents in 2005. | They said they had expressed deep concern to police in Kirkcaldy that Paton, who is on sick leave, remained on frontline duties immediately after the assault on his parents in 2005. |
| One family member has said in a sworn statement that Paton “kicked lumps” out of his father, who was left with a badly bruised jaw and damaged ribs. The “substantial beating” left Paton’s father with “mass bruising”, the relative told the Guardian. That relative also alleges that Paton was involved with another officer in an assault on a drunken man in 2003, which was investigated by his force. No charges were brought. | One family member has said in a sworn statement that Paton “kicked lumps” out of his father, who was left with a badly bruised jaw and damaged ribs. The “substantial beating” left Paton’s father with “mass bruising”, the relative told the Guardian. That relative also alleges that Paton was involved with another officer in an assault on a drunken man in 2003, which was investigated by his force. No charges were brought. |
| Now estranged from Paton, the family raised those concerns again three years ago after further disputes. They allege that senior officers told the family to stop raising their concerns. | Now estranged from Paton, the family raised those concerns again three years ago after further disputes. They allege that senior officers told the family to stop raising their concerns. |
| Bayoh, 31, a trainee gas fitter who had no previous record of any misbehaviour or violence, died while he was being held down on the pavement within 30 seconds of being confronted by a group of four officers, including Paton. He was hit with CS spray, pepper spray and batons, and was held in wrist and ankle restraints. | Bayoh, 31, a trainee gas fitter who had no previous record of any misbehaviour or violence, died while he was being held down on the pavement within 30 seconds of being confronted by a group of four officers, including Paton. He was hit with CS spray, pepper spray and batons, and was held in wrist and ankle restraints. |
| The postmortem report said Bayoh had nearly 30 separate injuries on his head, chest, lower legs and left arm, including a fractured rib, cuts, bruises and grazes. | The postmortem report said Bayoh had nearly 30 separate injuries on his head, chest, lower legs and left arm, including a fractured rib, cuts, bruises and grazes. |
| The cause of death is under investigation, but Bayoh’s family suspect he died as a result of “positional asphyxiation”, suffocating after being forcibly held face down on the pavement by the arresting officers. | The cause of death is under investigation, but Bayoh’s family suspect he died as a result of “positional asphyxiation”, suffocating after being forcibly held face down on the pavement by the arresting officers. |
| The postmortem report said Bayoh had petechial haemorrhaging, or tiny blood spots around his eyes, regarded by experts as likely evidence of positional asphyxiation. | The postmortem report said Bayoh had petechial haemorrhaging, or tiny blood spots around his eyes, regarded by experts as likely evidence of positional asphyxiation. |
| Barry Swan, Paton’s brother-in-law, told BBC Scotland that when one local commander spoke to a close relative who had raised the most recent concerns, “it was pretty much put in the way: ‘Get back in your box, you’re not going to be bringing this out, keep it swept under the carpet.’” | Barry Swan, Paton’s brother-in-law, told BBC Scotland that when one local commander spoke to a close relative who had raised the most recent concerns, “it was pretty much put in the way: ‘Get back in your box, you’re not going to be bringing this out, keep it swept under the carpet.’” |
| Peter Watson, the lawyer for the Scottish Police Federation, which represents rank and file officers, said his firm PBW Law “is representing the interests of Mr Paton in the inquiry surrounding the death of Sheku Bayoh. The matters you raise have nothing to do with that inquiry.” | Peter Watson, the lawyer for the Scottish Police Federation, which represents rank and file officers, said his firm PBW Law “is representing the interests of Mr Paton in the inquiry surrounding the death of Sheku Bayoh. The matters you raise have nothing to do with that inquiry.” |
| The federation’s media spokesman refused several requests to respond to the allegations against Paton. | The federation’s media spokesman refused several requests to respond to the allegations against Paton. |
| Aamer Anwar, the lawyer for Bayoh, said this evidence should be central to the investigation by the PIRC and prosecutors at the Crown Office, with whom he raised the concerns over Paton’s history several months ago. The relatives’ allegations have been released by Anwar. | Aamer Anwar, the lawyer for Bayoh, said this evidence should be central to the investigation by the PIRC and prosecutors at the Crown Office, with whom he raised the concerns over Paton’s history several months ago. The relatives’ allegations have been released by Anwar. |
| Family members have also given accounts of what they say is Paton’s history of racism. A close relative who met Paton by chance in Kirkcaldy earlier this summer told Anwar this month that he had asked Paton “are you still working?’ He said ‘no, I’m a total racist. I hate all blacks’. He said it quite normal and said ‘I’m off work just now’.” | Family members have also given accounts of what they say is Paton’s history of racism. A close relative who met Paton by chance in Kirkcaldy earlier this summer told Anwar this month that he had asked Paton “are you still working?’ He said ‘no, I’m a total racist. I hate all blacks’. He said it quite normal and said ‘I’m off work just now’.” |
| Swan and another relative said this close relative had told them at the time that Paton was more explicit, telling his relative “I’m not working just now. I’ve not worked since May. I’m trying to get out of the police since that incident with that black bastard. He was off his face, he deserved it.” | Swan and another relative said this close relative had told them at the time that Paton was more explicit, telling his relative “I’m not working just now. I’ve not worked since May. I’m trying to get out of the police since that incident with that black bastard. He was off his face, he deserved it.” |
| The PIRC’s investigation has also considered whether Bayoh died from “excited delirium”, a controversial theory that some people detained by police can exhibit superhuman strength, high levels of stress and hallucinations. Bayoh is understood to have taken undisclosed amounts of the drug ecstasy earlier that night. | The PIRC’s investigation has also considered whether Bayoh died from “excited delirium”, a controversial theory that some people detained by police can exhibit superhuman strength, high levels of stress and hallucinations. Bayoh is understood to have taken undisclosed amounts of the drug ecstasy earlier that night. |
| In the weeks immediately following Bayoh’s death, the Scottish Police Federation and Watson claimed that Bayoh had been very aggressive towards the police and that Bayoh had chased “a petite female police officer”. | In the weeks immediately following Bayoh’s death, the Scottish Police Federation and Watson claimed that Bayoh had been very aggressive towards the police and that Bayoh had chased “a petite female police officer”. |
| Watson said she was the victim of an “unprovoked attack by a very large man who punched, kicked and stamped on her. The officer believed she was about to be murdered and I can say that but for the intervention of the other officers that was the likely outcome.” | Watson said she was the victim of an “unprovoked attack by a very large man who punched, kicked and stamped on her. The officer believed she was about to be murdered and I can say that but for the intervention of the other officers that was the likely outcome.” |
| That CCTV footage, taken from the security camera of a nearby pub, was shown for the first time to Bayoh’s partner, Colette Bell, and close family members last week by Frank Mulholland, the lord advocate. | That CCTV footage, taken from the security camera of a nearby pub, was shown for the first time to Bayoh’s partner, Colette Bell, and close family members last week by Frank Mulholland, the lord advocate. |
| Speaking after viewing the footage, Anwar said: “He was not a terrorist, he was not brandishing a knife at police officers, he was not carrying a knife when officers attended, nor was he 6ft-plus with superhuman strength. His family state that he did not deserve to die.” | Speaking after viewing the footage, Anwar said: “He was not a terrorist, he was not brandishing a knife at police officers, he was not carrying a knife when officers attended, nor was he 6ft-plus with superhuman strength. His family state that he did not deserve to die.” |
| Anwar has previously disclosed that several of the officers involved were heavy: one weighed 152kg (24 stone) and a second 114kg. These allegations were put to Paton’s lawyer, who declined to comment as an inquiry was ongoing. | Anwar has previously disclosed that several of the officers involved were heavy: one weighed 152kg (24 stone) and a second 114kg. These allegations were put to Paton’s lawyer, who declined to comment as an inquiry was ongoing. |
| Police Scotland refused to comment on the specific allegations made by Paton’s family. Assistant chief constable Kate Thomson told the Guardian: “It would be inappropriate to comment as there is an independent investigation into the circumstances surrounding Sheku Bayoh’s death, which is currently being carried out by the PIRC, and they have submitted an interim report to the Crown Office. | Police Scotland refused to comment on the specific allegations made by Paton’s family. Assistant chief constable Kate Thomson told the Guardian: “It would be inappropriate to comment as there is an independent investigation into the circumstances surrounding Sheku Bayoh’s death, which is currently being carried out by the PIRC, and they have submitted an interim report to the Crown Office. |
| “Police Scotland remains committed to co-operating fully with the PIRC’s inquiries. I would like to again offer my condolences to Sheku’s family and we await the conclusion of the investigation.” | “Police Scotland remains committed to co-operating fully with the PIRC’s inquiries. I would like to again offer my condolences to Sheku’s family and we await the conclusion of the investigation.” |