PRESS RELEASE – 5TH DECEMBER 2024 – “KATE FORBES MUST MAKE A DECISION NOW OR STEP ASIDE”

Press Release

5th December 2024

“KATE FORBES MUST MAKE A DECISION NOW OR STEP ASIDE”

Aamer Anwar – Solicitor – statement on behalf of the Sheku Bayoh Family:

“After Sheku Bayoh died in May 2015, his family waited some two years for the PIRC to simply do its job – which it wholly failed to do, it waited another two years for the Crown to do its job- which it again wholly failed to do.

Now they are waiting for the Deputy First Minister Kate Forbes to fulfil the purpose of the Sheku Bayoh Inquiry, by extending the terms of reference to include the prosecutorial decision-making process by the Crown.  For over nine years the family have campaigned for the truth and justice, including the setting up of the Public Inquiry. It is now clear after two years of evidence that the Inquiry cannot complete its task without an extension of the terms of reference.

We met with Kate Forbes in Summer and then wrote to her on the 4^th September, 16^thSeptember, 3^rd October and the 22^nd November outlining the Bayoh family’s request for the Terms of Reference to be extended.

We stated not having access to the “whole truth” was inconsistent with the requirement of public bodies to allow scrutiny of the reasons for decisions. After two years of evidence the family believe:-

• There was a fundamental failure by Crown Office to understand factual evidence.

• There was a fundamental failure by provision of flawed and biased instructions to expert witnesses.

• There was a total failure to examine the issue of race and that has been proven by the evidence of the former Lord Advocate James Wolfe and all those who gave evidence before him.

We consider these will be integral factors to the decision not to prosecute and so the only way of determining whether that decision was flawed, would be to allow the Public Inquiry to examine it.

Had the Crown listened to our repeated submissions in 2015-2019 there would have not been the need for a public inquiry and the family believe they should have been dealing with a criminal prosecution.

The statute makes it clear that the Chair, is the person best placed to answer that question in an informed and impartial way. Final submissions were due to take place this week, however due to the delay in the DFM making a decision, that timetable has been suspended.

To be blunt the job of the inquiry is not fulfilled without the Terms of Reference being extended- Why would Crown Office wish a spotlight shone on their own failures? and why would the Scottish Police Federation/Police Scotland wish to assist the Public Inquiry in lifting the veil, which ultimately could lead to the possibility of their clients being prosecuted.

Putting aside the views of the Bayoh family, the PIRC, the Crown Office and the Police, only the views of the Chair can truly be described as impartial and the basis for the DFM reaching her conclusion. Lord Bracadale was selected by the Scottish Government as he was highly respected for his integrity, experience and being an impartial and robust former High Court Judge.

This family are entitled to answers as to how and why public bodies took the decisions it took in relation to the death of their son, brother, friend, uncle Sheku Bayoh. After all the work that has been done, after a nine-year struggle by the loved ones of Sheku Bayoh, for these final critical questions not to be answered as we almost reach the end, would be unconscionable. Unanswered questions do not go away, they fester and they grow and act against the public interest.

With respect if Kate Forbes cannot make a decision, then she should step aside and let someone else fulfil the promises made to the Bayohs by the Scottish Government that the truth will prevail.

With all the information before Kate Forbes, the family wonder how much more time she requires to make a decision, she is not simply prolonging the agony of the Bayoh family, but is prolonging repeated betrayals of justice by the Crown Office.”