THE family of a Sierra Leonean man who died in police custody in Kirkcaldy intend to launch a civil action against the single force.
In a documentary on the death of Sheku Bayoh, to be screened on Tuesday on BBC Two, their lawyer Aamer Anwar revealed the legal move after criticising the police investigatory body that probed his death.
The programme also revealed that Bayoh’s partner, Collette Bell, was “really hurt” to learn that he had taken drugs prior to his death. Tensions between Bell and other members of Bayoh’s family about his headstone were also aired.
Bayoh, a gas engineer, died in police custody in May 2015 after being restrained by police officers who responded to reports of a man carrying a knife.
Police Scotland faced accusations that excessive force was used and the Police Investigations and Review Commissioner (PIRC) carried out an investigation.
However, it also emerged that ecstasy and a legal high were in Bayoh's bloodstream and that he had earlier had a fight with a friend, Zahid Saeed.
The documentary, After Sheku, was made by Turmeric Media and followed the family of Bayoh over twenty months as they tried to get answers. The hour-long piece includes interviews with Bell, as well as with Bayoh’s mother, sister, brother-in-law and friends.
In one section a family member claimed that the police gave different accounts of what happened during the incident and asked Bayoh’s relatives not to talk to the media.
The programme also includes interviews on the toxicology report and the fight Bayoh had with Saeed.
Saeed later described the effect Bayoh’s death had had on him: “I felt like I was burying myself. Sheku was not just a friend, he was a brother to me.”
Bell said she had been “really hurt” when she heard about the toxicology report, adding: “I don’t agree with drugs whatsoever.” However, she said: “That is not what killed him.”
Adding: “If it wasn’t for coming into contact with the police, Sheku would still be here.”
The programme also reported on how “cracks” emerged in the relationship between Bell and the Bayoh family.
She believed there had been an agreement on a headstone for her late partner, but the stone was taken down: “I felt really disgusted and really hurt by it.”
The PIRC submitted a report to the Crown Office, but Anwar was highly critical of the watchdog in the documentary.
On the decision to pursue a civil case, he told the programme makers: “We are intending to launch a civil action against Police Scotland for what happened to Sheku that day. That will mean that we are able to ask the questions that we want to ask.”
A spokesperson for Police Scotland provided a statement for the documentary: “We have been committed to co-operating with the PIRC and the Crown Office throughout the investigative process. We cannot comment on the events of 3 May 2015 while the Crown evaluates the independent findings submitted by the PIRC.”
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