A senior policeman felt sending family liaison officers to speak to the relatives of Sheku Bayoh may have worsened the “highly charged” response following his death so he instead decided to visit them himself, an inquiry has heard.
Retired chief superintendent Garry McEwan, who oversaw policing in Fife at the time, was giving evidence to the inquiry into the 31-year-old’s death for the third day on Thursday.
Father-of-two Mr Bayoh died after he was restrained on the ground by six police officers in Kirkcaldy on May 3, 2015.
The inquiry is investigating the circumstances of his death and whether race was a factor.
Family liaison officers (FLOs) are assigned to support families who have been affected by a crime or other serious circumstances.
Nobody had been in a position to give the family some of the important details that they deserved to hear before they heard it elsewhere on social media or anywhere else— Garry McEwan, retired chief superintendent
They act as a point of contact between police investigation teams and families to keep them informed.
The inquiry heard that an FLO from Police Scotland was not assigned to support the Bayoh family due to the nature of his death following contact with officers.
Police watchdog the Police Investigations and Review Commissioner (Pirc) was assigned the case, but it did not “have the capacity” to send its own FLOs to check on the family, Mr McEwan said.
The retired officer previously said he was told Pirc FLOs would be available the day after Mr Bayoh’s death, which contradicts with the minutes of a meeting that said Police Scotland would assign an FLO to the family.
John Scullion KC, for the inquiry, asked Mr McEwan: “Surely the important point would be whether the family were to be seen by FLOs. Not whether they were to be seen by FLOs from Pirc or Police Scotland?”
Mr McEwan responded: “I absolutely agree with that. The problem was that what happened post this meeting was officers from Fife division had went and visited the family with the death messages two and three, and there was a significant fallout from that and an absolute mistrust and distrust around policing, because Sheku had died following police contact.
“So at that point for me, the opportunity to deploy a Police Scotland FLO would have added little benefit because of that distrust that had emerged over the preceding four or five hours.”
Mr McEwan said he therefore decided to visit the family personally.
He told the inquiry this was because the family had asked him to do so, and also because he thought they deserved answers.
Mr Scullion asked Mr McEwan: “Did you go and see the family because the family of Mr Bayoh demanded to see you?”
He replied: “Number one was that the family had asked for a senior officer and/or Garry McEwan to attend within 24 hours.
“Secondly, and most importantly, the reason I went is that eight or nine hours on since the death of Sheku, nobody had been in a position to give the family some of the important details that they deserved to hear before they heard it elsewhere on social media or anywhere else.”
The inquiry heard two officers who had previously visited Mr Bayoh’s family “were met with a highly charged, emotional and at times confrontational environment”.
Mr McEwan reiterated that Police Scotland FLOs “probably would have escalated matters”.
He added: “The reality was there was no FLO there. The family were absolutely devastated and upset and what I felt was that, a senior officer, as the most senior officer in Fife division, that family deserved to hear the facts as I knew them at that time.
“Had the FLOs been in position and been with the family, and again I think I mentioned this earlier in the last couple of days, I would not have attended that day.
“I would have probably left it two or three days and then went as a mark of respect as a senior officer.”
You couldn't rule that out - race being a factor - with that type of information— Retired detective chief superintendent Lesley Boal
The inquiry also heard evidence on Thursday from retired detective chief superintendent Lesley Boal.
Senior counsel Angela Grahame KC said Mr Bayoh was hit with a baton several times and Pava and CS spray were used before he was restrained.
Ms Grahame asked if this would permit an investigator the right to “rule out” race being a factor.
Ms Boal said: “No, I would be putting that as potentially supporting the suggestion.
“There’s also a bit about what you would have to know what danger Mr Bayoh presented at that time.
“But it absolutely doesn’t. You couldn’t rule that out – race being a factor – with that type of information.”
The inquiry was told officers did not file “use of force” or “use of spray” forms after the incident.
Subsequently, Ms Boal said she had a poor understanding of the officers’ actions and that the forms “would have been really helpful”.
