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Sheku Bayoh: Public inquiry ordered into death in police custody Sheku Bayoh: Public inquiry ordered into death in police custody
(32 minutes later)
A public inquiry is to be held into the circumstances surrounding the death of Sheku Bayoh in police custody.A public inquiry is to be held into the circumstances surrounding the death of Sheku Bayoh in police custody.
The 32-year-old never regained consciousness after being restrained by police in Kirkcaldy, Fife, in 2015.The 32-year-old never regained consciousness after being restrained by police in Kirkcaldy, Fife, in 2015.
Justice Secretary Humza Yousaf made the announcement after he and the first minister met Mr Bayoh's family. Justice Secretary Humza Yousaf said the questions to be examined by the inquiry would include whether race played a part in Mr Bayoh's death.
On Monday it was confirmed that no police officers would face prosecution over his death. On Monday, it was confirmed that no police officers would face prosecution over the case.
In a statement to the Scottish Parliament, Mr Yousaf said the process of appointing the chairperson of the inquiry would begin shortly. Mr Bayoh's family said they felt "betrayed" by the decision not to prosecute the officers involved, who have always denied any wrongdoing.
He said he would update MSPs early next year confirming the inquiry's terms of reference. Mr Yousaf and First Minister Nicola Sturgeon met the family on Tuesday.
"The first minister and I met with Mr Bayoh's family today to express our deepest condolences and assure them of our commitment to establishing the facts surrounding this tragic incident," he said. In a statement to the Scottish Parliament, the justice secretary said: "They are right to expect a full public examination of the circumstances of Mr Bayoh's death and I stated my determination to put in place a process to deliver that."
"They are right to expect a full public examination of the circumstances of Mr Bayoh's death and I stated my determination to put in place a process to deliver that. He said all deaths in police custody were subject to a mandatory fatal accident inquiry (FAI), but that the Lord Advocate believed this would not allow all the issues to be addressed in this case.
"Today I can confirm that I will establish a statutory public inquiry under the Inquiries Act 2005 into the circumstances leading up to and following Mr Bayoh's death."
Issues of "public interest"
He added all deaths in police custody were subject to a mandatory Fatal Accident Inquiry (FAI).
FAIs examine the cause of death and consider steps to prevent other deaths in similar circumstances.
However, he said in this case, the Lord Advocate believed an FAI would not allow all the issues to be addressed.
FAIs can examine circumstances and factors leading up to a death, but not what follows later.FAIs can examine circumstances and factors leading up to a death, but not what follows later.
Mr Yousaf said in this case the Lord Advocate had identified questions, raising issues of public interest and importance, about the early stages of the post-incident management of the investigation that an FAI could not examine. Mr Yousaf said the Lord Advocate had identified questions about the early stages of the post-incident management of the investigation which could not be examined in a fatal accident inquiry.
He said: "That being the case, it is imperative that the circumstances leading up to Mr Bayoh's death and the events that followed, including whether race played a part, are examined in full and in public."He said: "That being the case, it is imperative that the circumstances leading up to Mr Bayoh's death and the events that followed, including whether race played a part, are examined in full and in public."
He told the chamber the primary purpose of the public inquiry would be to investigate the circumstances of the case. He told the parliament that the primary purpose of the public inquiry would be to investigate the circumstances of the case.
But he said he had also instructed HM Inspectorate of Prisons to review deaths in prisons.But he said he had also instructed HM Inspectorate of Prisons to review deaths in prisons.
Mr Yousaf said the process of appointing the inquiry's chairperson would begin shortly.
Aamer Anwar, the family's lawyer, said: "It follows that the inquiry must identify each and every individual and organisation who must bear responsibility and accountability for this tragedy and the mishandling of the aftermath.
"We also believe that the inquiry must focus on whether institutional racism, discrimination, inequality and cultural attitudes were responsible for what occurred. To what extent did the life of Sheku Bayoh not count, or could have counted more?
"These concerns are inescapable as far as many of the core participants are concerned."