Police Scotland is taking court action over the way the Scottish Government is handling calls to extend the terms of reference of the inquiry into the death of a man in police custody.
Sheku Bayoh, a father-of-two, died after he was restrained by around six police officers who were called to Hayfield Road in Kirkcaldy, Fife, on May 3, 2015.
Scotland’s Deputy First Minister Kate Forbes has 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.
Police Scotland said Chief Constable Jo Farrell has “reluctantly” applied for a judicial review to ensure the process behind any such extension is “lawful”.
The Crown Office decided not to take legal action against the police involved in the 2015 incident following an investigation.
The Bayoh family’s lawyer, Aamer Anwar, previously said they want Ms Forbes to extend the terms of reference to include how the Crown made its decisions.
In a letter to Ms Farrell, first reported in the Sunday Mail, Mr Bayoh’s sister Kadi Johnson said the family feel “betrayed” after hearing about the call for a judicial review.
She said: “Yet again Police Scotland has betrayed me and my family, 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.”
Police Scotland has raised concerns about the way the proposed extension is being handled.
Deputy Chief Constable Alan Speirs said: “The death of Sheku Bayoh was, and remains, a terrible tragedy and the chief constable fully supports the inquiry with an approach of absolute candour in order to provide answers for Sheku’s family and friends.
“Police Scotland has written to the Deputy First Minister to outline an unfair approach in the ongoing process in relation to the proposed extension to the inquiry’s terms of reference.
“This includes a failure to share relevant material which has made it impossible for the service to properly engage with the Scottish Government’s consultation.
“The chief constable is 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 has no desire to enter legal proceedings and has reluctantly applied for judicial review to ensure the process behind any extension of the inquiry’s terms of reference is lawful.”
Mr Anwar 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 3rd May 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.”
A Scottish Government spokesperson said: “We are aware of these proceedings. It would be inappropriate to comment while proceedings are under way.”
A Crown Office and Procurator Fiscal Service (COPFS) spokesperson said: “It would not be appropriate to comment publicly on these matters at this time.
“COPFS continues to be supportive of the inquiry and is respectful of the position of the Bayoh family and other inquiry participants.
“The Crown examined the death of Sheku Bayoh in great detail and has reserved its right to prosecute.”
