A retired chief superintendent has told the Sheku Bayoh Inquiry that police withholding death information from Mr Bayoh’s partner was “not the right thing to do.”
Retired chief superintendent Garry McEwan oversaw Fife’s police force at the time of Mr Bayoh’s death on May 3 2015.
The 31-year-old, father-of-two died after he was restrained on the ground by six police officers in Kirkcaldy, Fife.
The inquiry is investigating the circumstances of his death and whether race was a factor.
My immediate reaction was that, that was not the right thing to do— Garry McEwan, former chief superintendent
On Tuesday, senior counsel to the inquiry, Angela Grahame KC, said previous officers said they had been advised not to tell Mr Bayoh’s partner, Collette Bell, about “anything to do with police contact” following his death until further investigation had taken place.
Asked for his thoughts on this decision, Mr McEwan said: “It’s difficult because I don’t know the full circumstances of the investigation at that point.
“My immediate reaction was that, that was not the right thing to do.
“But I don’t know. There may have been other discussions in the background in the investigations strand.”
He added: “If I was there that day, I would have said, ‘Why not? Why wouldn’t we?'”
The retired superintendent mentioned his fears surrounding “community tensions” as a result of Mr Bayoh’s death after coming into contact with police.
He added: “Actually, it’s less about the community tensions.
“It’s more about treating Collette Bell as I would want my partner to be treated in similar circumstances.”
The 52-year-old continued: “I don’t know if by telling Collette Bell something, (that) would have compromised the investigation.
“There is nothing that’s obvious to me, but that wasn’t my area of responsibility.”
Mr McEwan advised that Mr Bayoh’s death was the first time he had ever declared a “critical incident” in his – at the time – 25 years of policing.
A critical incident is the most serious of incidents declared by police.
The Police Investigations and Review Commissioner (Pirc) was drafted in to help with the investigation.
Mr McEwan said he “wasn’t overly impressed by their initial inaction” with the family members of Mr Bayoh, adding that family liaison officers (FLOs) were not sent out by Police Scotland or Pirc.
Mr McEwan decided to visit the family himself alongside another high-ranking officer to speak to the family himself.
Ms Bell alleged that Mr McEwan had “shrugged his shoulders” after asking if her partner had been beaten to death by police, though the retired superintendent said he did not remember doing so, and if he had, it would not have been out of malice.
She also criticised his conduct while at the property and said he had told them something he “shouldn’t be telling” them at the time.
Mr McEwan denied he told Mr Bayoh’s family this.
He added: “I genuinely went to that house to try and provide the family with some information that they hadn’t had before, and I felt that it was the right thing to do.
“And I’m genuinely sorry if it didn’t come across that way.”
Kadi Johnson, sister of Mr Bayoh, had alleged Mr McEwan told her that her brother was seen carrying a machete or “large knife” before his death.
He said he does not remember using the word “machete”, but admitted it is a possibility.
Asked if the word “machete” has any racially-motivated connotations, he said no.
Connie Barcik, a former partner of Mr Bayoh with whom he has a child, had told the inquiry she was not informed by police of his death and instead learned of it on Facebook.
Mr McEwan said the family members affected “absolutely” deserved better treatment in how they approached them regarding Mr Bayoh’s death.
The inquiry, which is being heard at Capital House, Edinburgh, before Lord Bracadale, was adjourned until tomorrow morning at 10am.
