Sheku Bayoh inquiry will not examine decision not to prosecute police officers, Kate Forbes announces

An inquiry into the death of Sheku Bayoh will not examine the decision not to prosecute police officers, the deputy first minister has announced.

Sheku Bayoh, a father-of-two, died after he was restrained by about six police officers who were called to Hayfield Road in Kirkcaldy, Fife, on May 3, 2015.

Scotland’s deputy first minister, Kate Forbes, had been urged to extend the terms of reference of the public inquiry, which is investigating the circumstances of the 31-year-old’s death and whether race was a factor.

The Crown Office decided not to take legal action against the police involved in the 2015 incident following an investigation.

However on Tuesday, Forbes said it would not be in the public interest to extend the inquiry beyond its current remit.

In a statement, Forbes said: “Mr Bayoh’s family continue to have my deepest condolences.

“As set out in legislation, I may amend the terms of reference if I consider the public interest requires this. The Inquiry’s Terms of Reference were announced in May 2020, and I have decided it is not in the public interest to extend the remit almost five years later and after evidential hearings have concluded.

“I hope that it is now possible for the Chair to deliver his independent findings and recommendations as soon as possible.

“In all circumstances, a public inquiry is not permitted to determine or rule on civil or criminal liability. Only the Crown Office can reconsider prosecution and the Solicitor General has reserved the right to do so.

“I am confident that the terms of reference, as announced in 2020, are sufficiently broad to allow the Chair to present a substantial report with detailed findings and recommendations – including on the investigation and the extent to which Mr Bayoh’s actual or perceived race was a factor.”

Forbes’ decision comes after it emerged earlier this month that Chief Constable Jo Farrell had “reluctantly” applied for a judicial review to ensure the process behind any such extension is “lawful”, amid concerns over how it was being handled.

This included concerns about the sharing of “relevant material”, which Police Scotland said made it “impossible” for them to properly engage with the consultation on the proposed extension.

However, on February 3, the force released a statement saying the Scottish Government had provided further information about the process, and that the matter had been “resolved” without the need for further legal proceedings.

Deputy Chief Constable Alan Speirs said: “The chief constable was clear Police Scotland remained ready to work with core participants, the inquiry chair, and the Scottish Government to ensure matters proceed lawfully and as quickly as possible.

“The chief constable acknowledges the further information provided by the deputy first minister.

“The information received means we are now able to more fully engage in the process to consider the application to extend the terms of reference of the public inquiry without the need for further legal proceedings.

“Police Scotland continues to fully support the inquiry in order to provide answers for Sheku’s family and friends.”

Aamer Anwar previously said Bayoh's family wanted to extend the terms of reference in the inquiry. — Aamer Anwar previously said Bayoh’s family wanted to extend the terms of reference in the inquiry. STV News

The Bayoh family’s lawyer, Aamer Anwar, previously said they wanted Forbes to extend the terms of reference to include how the Crown made its decisions.

Both Mr Anwar and the Bayoh family were also critical of Police Scotland’s decision to take legal action.

In a letter to Ms Farrell, first reported in the Sunday Mail newspaper, Mr Bayoh’s sister, Kadi Johnson, said the family felt “betrayed” after hearing about the call for a judicial review.

She said: “Yet again, Police Scotland has betrayed me and my family, and now you and your army of lawyers are denying us, a black family, the right to know the truth.”

She added: “Meanwhile, we wait on Kate Forbes making a decision and to do it as soon as possible, at the very least we have hope that she will not betray the promises made to us by her Government to pursue the truth.”

Mr Anwar had also called on police to drop the legal action.

In a letter to Ms Farrell, he said: “If as chief constable, you genuinely share the families’ wholly understandable desire to get to the truth of what happened to Sheku Bayoh on May 3 2015; then the family request that you instruct your legal team to immediately withdraw the petition for Judicial Review and support the extension of the terms of reference.”