Sheku Bayoh's family tell Scotland's top cop of 'failures' in private meeting

Sheku Bayoh died in custody
Sheku Bayoh died in custody
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The family of a man who died in police custody listed what they believe are "failures" by Police Scotland as they met the force's chief constable.

Sheku Bayoh, 32, died in 2015 after being restrained by officers responding to a call in Kirkcaldy, Fife.

Lawer Aamer Anwar is representing Sheku Bayoh's family

Lawer Aamer Anwar is representing Sheku Bayoh's family

Chief Constable Iain Livingstone met his mother Aminata Bayoh, sister Kadi Johnson and their solicitor Aamer Anwar at the force's headquarters at Tulliallan in Perthshire today.

In a statement on behalf of the family following the meeting, Mr Anwar said a "robust discussion" took place.

READ MORE: Whatever happened to Sheku Bayoh, Police Scotland does not tolerate racism – Kenny MacAskill
He said the family "advised the chief constable of his officers' failures", which they claim include not observing legal requirements on the use of lethal force and "unsafe" methods of restraint.

Mr Anwar said: "Whilst clearly there will be some areas of disagreement, it is also important that Police Scotland recognises there is need for fundamental reform of the procedures, processes and accountability when a death in custody takes place.

"Sadly, the family once again are left deeply disappointed in the lord advocate's failure to refer any of the nine officers to the chief constable for potential disciplinary or misconduct proceedings.

"We understand that it is the norm in cases such as this for the lord advocate to refer matters where they believe there has been misconduct, breach of regulations and serious concerns arising from post incident management.

"Accordingly, the chief constable was advised a full dossier of alleged misconduct and breaches of regulations will be provided to him directly, whilst the lord advocate will be contacted by the family's representatives asking for a full explanation as to why his organisation has failed yet again to take action."

READ MORE: Sheku Bayoh inquiry must be completed quickly and in good faith – Tom Wood
He said the family were "deeply grateful" to Mr Livingstone for "treating them with compassion and respect".

Mr Anwar said: "This afternoon there was a robust discussion that took place and the Bayoh family are encouraged that the chief constable welcomes the setting up of a public inquiry."

The inquiry into Mr Bayoh's death was announced by justice secretary Humza Yousaf last month.

It will examine the circumstances leading up to and following his death and look to establish the role his race may have played in it.

The move was announced after the Crown decided in October last year against any prosecutions.

A Police Scotland spokeswoman said: "During a meeting with the family of Sheku Bayoh today, Chief Constable Iain Livingstone reiterated his personal condolences and those of the service to the Bayoh family and undertook again that Police Scotland will participate fully in the public inquiry, which will be established next year."

A spokesman for the Police Investigations and Review Commissioner (PIRC) said: "We note the decision by the justice secretary to hold a public inquiry into the death of Sheku Bayoh on 3 May 2015.

"The PIRC was directed to investigate the circumstances of Mr Bayoh's death by the Crown Office and Procurator Fiscal Service (COPFS) and submitted investigation reports to the COPFS in August 2015 and 2016.

"As this matter will now be examined before a public inquiry it would be inappropriate to comment further."