Police withdraw legal challenge over Sheku Bayoh inquiry extension calls
The father-of-two died after he was restrained by police officers in Kirkcaldy, Fife, in May 2015.
Police Scotland has withdrawn calls for a judicial review over the way the Scottish Government is handling calls to extend the terms of reference of the inquiry into the death of a man in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 about 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.
The Crown Office decided not to take legal action against the police involved in the 2015 incident following an investigation.
On Sunday, it emerged 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 Monday, 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.”
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.
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, 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.”
