SHEKU Bayoh was in a “mental health crisis” and should have been dealt with as a medical emergency, but he was instead met with “immediate violence”, the senior counsel representing his family said yesterday.
Claire Mitchell KC said racial stereotypes were used in relation to Bayoh soon after his death.
The 31-year-old father-of-two, died after he was restrained on the ground by six police officers in Kirkcaldy, Fife, on May 3, 2015. Participants in the inquiry into his death yesterday began giving oral submissions on the evidence heard so far.
Mitchell told the hearing in Edinburgh: “Under no circumstances did he deserve to die.”
She said that in the media “police sources painted an image of a large black man with stereotypical characteristics of extraordinary strength and dangerousness”.
The inquiry had earlier been told that when the father-of-two died he had the drugs MDMA and alpha-PVP in his system.
He had been seen with a knife in Kirkcaldy on the day of his death but was not in possession of it when police went to arrest him.
Mitchell continued: “In relation to the incident itself, Sheku was experiencing a mental health crisis and should have been dealt with as a medical emergency.”
Referring to previous evidence, she said Bayoh was sprayed with incapacitants three times, struck with a baton and forced to the ground within 50 seconds of the first police car arriving at the scene on Hayfield Road. She continued: “Sheku was brought to the ground in less than 45 seconds of the first police contact, never to get up again.”
The KC said Bayoh suffered multiple injuries and was pronounced dead in hospital. She said none of the officers involved had been seriously injured.
Mitchell added: “The process and procedures put in place to allow for assessment of a person and a mental health crisis were ignored. His safety was not considered.
“He ought to have been met with careful consideration and assessment Instead, Sheku was met with immediate verbal then physical violence.”
Mitchell noted that a short time before police had arrived Bayoh had spoken to a neighbour, who said he was “not himself”, but was able to reason with him. Mitchell said: “He offered what Sheku needed: help.”
She said the issue of race “flows as a river through this inquiry”, referring to the chief constable’s recent admission that Police Scotland is institutionally racist. And she said the family was not given the truth in the aftermath of Bayoh’s death.
The KC said: “In submissions, we address where we say that some officers have not provided credible or reliable information to this inquiry, that they have lied.”
She urged the inquiry to proceed with the “utmost diligence and care” and the family remained committed to the truth, no matter how “uncomfortable” it is.
Earlier, in a statement outside the inquiry venue in Edinburgh, the family’s lawyer Aamer Anwar said the family feel “vindicated”.
Aamer said of Bayoh: “Within 45 seconds he was brought to the ground, never to get back up again, and then to be shackled like a slave and to be officially pronounced dead in hospital.
“His family still want justice and they know there is a long way to go but they feel vindicated by this evidence and the police officers and Police Scotland must be held to account.”
The inquiry, before Lord Bracadale, continues. He has said there is more evidence to be heard and he will not be issuing an interim report.
Meanwhile, the sister of Sheku Bayoh says his family has been left “angry” by lawyers representing police officers who arrested him, accusing them of “blaming Sheku for his own death”. Kadi Johnson spoke briefly to the media following the morning’s submissions.
Roddy Dunlop KC, representing the Scottish Police Federation, told the inquiry that criticism of the officers involved was “wholly unwarranted” and that they did their best in “terrifying” circumstances.
