Sheku Bayoh died after being restrained by police officers in the street, and was found to have suffered 23 separate injuries.
Facts of the case:
On the day of the incident, members of the public reported that Mr Bayoh was carrying a large knife. However, upon police arrival, he did not have a knife but did act confrontational. One of the officers confirmed that he struck Mr Bayoh on the head with a baton after he had punched a female officer to the ground. As a result, he was restrained on the roadway - he lost consciousness and died in hospital.
He had a fracture to his first left rib. Professor Anthony Freemont said the injury was so rare he consulted medical literature for potential causes. The professor specialises in diseases of the bones whilst undertaking post mortem examination. There was no evidence reported to injuries led consistent with external trauma (such as the baton strike) and there was no soft tissue damage shown.
Legal opinions:
Roddy Dunlop KC said before Mr Bayoh was restrained he had taken drugs and placed the public in danger: "as a result of self-intoxication, acted in a seriously criminal manner, creating a plain danger to members of the public that had to be addressed by the police".
Brian McConnachie KC representing PC Alan Paton. He had proposed to the court that there was no evidence that race was a factor. "The death of Sheku Bayoh was an unforeseen tragedy".
Claire Mitchell KC, representing Mr Bayoh's family, racial stereotypes were used. Through media publications, "police sources painted an image of a large black man with stereotypical characteristics of extraordinary strength and dangerousness". Referencing to evidence, she highlighted that he was sprayed with incapacitant's three times, struck with a baton, and forced to the ground within 50 seconds of the first police car arrival.
Police Contact:
The police delivered three death messages to Mr Bayoh loved ones on the day that he died. The first was given to his partner Collette Bell - the senior officers had decided not to tell that he had been in contact with the police. In the middle of the afternoon, detectives met Mr Bayoh's sister Kadi Johnson and her husband. A third message was provided where the police stated in an attempt to arrest Mr Bayoh he had become unconscious. Mr McEwan had commented it was "wholly inappropriate" decision to not send family liaison officers to see them until the following day.
Scotland Police Chief: The police force is institutionally racist
Sir Iain Livingstone said prejudice and bad behaviour within the force was rightly of great concern. Admission of institutional discrimination did not mean that individual officers and staff were racist/sexist. "Publicly acknowledging these institutional issues exist in our organisation is essential to our absolute commitment to championing equality and becoming an anti-racist service".
Evidence of the inquiry:
The inquiry investigate the circumstances of his death and whether race was a factor. The former commander of Police Scotland's Fife Division agreed that a death during a restraint could have been caused by criminality or justified use of force.
Retired Chief Superintendant Garry McEwan said at the time the officers were told about the post-mortem examination. There was no suggestion that criminality was involved.
The inquiry counsel Angela Grahame KC asked Mr McEwan "Do you have concerns about the fact that the officers were told on the Monday night, but the family weren't told until the Tuesday?". His response was "out of respect and dignity for the family, they need to be at the top of your list for informing of the result".
Until the next Legal Thought,
Elicia Maxwell
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