‘BETRAYED’ – that was the verdict of Sheku Bayoh’s family yesterday after prosecutors again refused to bring criminal charges against any police officers over his death.
The 32-year-old, a trainee gas engineer with two young sons, was pronounced dead in hospital after being restrained by police on a Fife street in 2015.
Officers had been called to the scene in Kirkcaldy following reports of a black male with a knife.
No weapon was found but up to eight members of the constabulary were involved in restraining Mr Bayoh, who had multiple injuries to his face, limbs and chest.
Last year his family pressed for a review after the Crown ruled out any prosecutions relating to the death.
Yesterday the Lord Advocate told Mr Bayoh’s mother, sisters, brother-in-law and their legal team that the review has come to the same decision.
The family was told that there is no evidence to justify a court case.
They will today meet with Justice Secretary Humza Yousaf to urge the Scottish Government to call a public enquiry.
Aamer Anwar, the family’s solicitor, said they would accept “nothing less” and are considering legal action against the Lord Advocate for alleged breach of human rights legislation requiring independent, prompt and effective investigation.
Anwar said they feel “totally betrayed by the Lord Advocate for not holding power to account, for his broken promises, his betrayal of justice and failure to act in the public interest”.
And Mr Bayoh’s mother Aminata Bayoh, whose grandsons are now growing up without their father, said: “My heart is broken yet again to hear this decision. My only son died in the hands of the police, who are supposed to have protected him.
“Since his death, my life has never been the same. I miss him so much. I just want to know the truth of how my son died.”
Kadijartu Johnson, Mr Bayoh’s sister, stated: “Before my brother was met by the very first two officers who handcuffed him, he had no injuries. Soon after his body was covered from head to toe injuries.
“From what I gather today, again it seems like the police are being protected. Why should police officers be above the law?”
Anwar said the Lord Advocate had apologised to the family for delays and accepted the process had been “flawed”.
The Crown Office said: “Following careful consideration and thorough review of all the available evidence, including submissions made on behalf of the family of the deceased, independent Crown Counsel has concluded there should not be a prosecution in this case.
“The family have been provided with detailed information about this decision and the review process.
“Although the evidence currently available would not justify criminal proceedings, the Crown reserves the right to prosecute should evidence in support of that become available.
“The Crown is committed to ensuring that all the facts and circumstances surrounding the death of Mr Bayoh are fully aired in an appropriate legal forum.”
Justice Secretary Humza Yousaf said he will update parliament after today’s meeting.
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