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Family of a man who died in police custody call for public inquiry

THE family of a man who died in police custody called for a public inquiry today after prosecutors said there would be no prosecutions over the incident.

Sheku Bayoh, 31, died after being restrained by officers responding to a call in Kirkcaldy, Fife, on May 3 2015.

After a meeting with Lord Advocate James Wolff QC, solicitor Aamer Anwar blasted authorities for a “total betrayal” of Mr Bayoh’s family, who he is representing.

“They will robustly pursue a civil action and meet with the Justice Minister this afternoon,” Mr Anwar said.

“They will accept nothing less than a public inquiry from the Scottish government — a fatal accident inquiry would be another betrayal and would do nothing to bring about real change, accountability and justice.”

Mr Bayoh was arrested after police received reports of a man behaving erratically and brandishing a knife in Kirkcaldy.

Tests showed that Mr Bayoh had taken the drug MDMA and traces of another drug, A-PVP. CCTV evidence seen by the family, but not made public, is understood to show that Mr Bayoh did not have a knife. Nevertheless, officers deployed CS spray and batons and within about 30 seconds Mr Bayoh was brought to the ground, face down, and police applied handcuffs and leg restraints.

According to a BBC investigation, eyewitnesses said police were kneeling and lying on Mr Bayoh. He was soon unconscious. An officer radioed for an ambulance but this did not arrive before Mr Bayoh stopped breathing. He was pronounced dead after being taken to hospital.

A postmortem examination revealed a series of injuries and declared he had died after taking MDMA. But Mr Bayoh’s family say he died of positional asphyxia, which amounts to being suffocated due to the position his body was in.

A Crown Office spokesman said: “This has been a complex investigation, and COPFS [the Crown Office and Procurator Fiscal Service] appreciates that it has been a difficult time for Mr Bayoh’s family and for all those involved.

“The Crown has conducted this investigation with professionalism, integrity and respect.

“It is committed to ensuring that the facts and circumstances surrounding the death of Sheku Bayoh are fully aired in an appropriate legal forum and, to that end, it has discussed possible next steps with a small number of colleagues in the justice system.”

The spokesman said the Crown Office would not comment further in “order to protect any potential proceedings” under the “victims’ right to review.”

Scottish Green MSP John Finnie backed the calls for a full inquiry, saying his party had “always supported a thorough investigation of the circumstances leading to Mr Bayoh’s death.”

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