RELATIVES of a man who died in police custody 21 months ago believe a police watchdog probe into the death was “fundamentally flawed”, according to their lawyer.
Sheku Bayoh’s family claim an investigation by the Police Investigations and Review Commissioner (Pirc) lacked certain safeguards.
And they allege there has been a breach of human rights laws.
The Pirc’s full report was submitted to the Crown Office in August last year.
Prosecutors working on the “complex” inquiry have still to determine whether there should be any criminal proceedings raised in respect of Bayoh’s death, but have pledged to reach their decision as quickly as possible.
The 31-year-old trainee gas engineer died after being restrained by officers responding to a call in Kirkcaldy, Fife, on May 3, 2015. He was under the influence of drugs at the time of the incident.
Solicitor Aamer Anwar spoke on behalf of Bayoh’s family after they met with Lord Advocate James Wolffe QC yesterday afternoon.
He said they retain “total confidence” in the Lord Advocate – Scotland’s top prosecutor – but expect him to take “whatever action is necessary”.
He added: “Sheku’s family told the Lord Advocate today that they believe Pirc’s investigation to be fundamentally flawed and lacking the necessary safeguards for an effective independent investigation into a death in custody – thus violating Article 2 of the European Convention on Human Rights.”
A spokesman for the PIRC said: “At all stages throughout this independent investigation, the PIRC has acted under the direction of the Lord Advocate, who has ultimate responsibility for the investigation of unexplained deaths in Scotland.
“The Commissioner submitted a comprehensive report to the Lord Advocate in August last year in order that he can make informed decisions on any further action.”
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