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Daily Record
Daily Record
National
Lauren Gilmour

Sheku Bayoh police officer concerned about race claims after death in custody, inquiry hears

A senior officer expressed concerns there may be allegations Sheku Bayoh's race played a part in his death in police custody, an inquiry has heard.

Sergeant Scott Maxwell managed the response team on the day of May 3 2015, when Mr Bayoh died following reports he was carrying a knife on the Hayfield Road in Kirkcaldy, Fife.

He told the inquiry officers had been instructed to return to Kirkcaldy Police Station after Mr Bayoh had been taken to hospital.

The response team which had been involved in the restraint of Mr Bayoh stayed in the canteen for around 12 hours.

On Wednesday, he was asked by senior counsel to the Coalition of Racial Equality and Rights (CRER), Mark Moir QC: "Did you have any concerns that there may be allegations that Mr Bayoh's race had played a part in his death in police custody during the time you were in the canteen?"

Sgt Maxwell said: "There were a lot of things that went through my mind that day.

"If I was going to be criminalised or classed as a murderer or anything like that.

"It did go through my head that the race involved, due to the media speculation, might invoke a response."

Sergeant Scott Maxwell arrives at Capital House in Edinburgh for the public inquiry into Sheku Bayoh's death. Bayoh died in May 2015 after he was restrained by officers responding to a call in Kirkcaldy, Fife. Picture date: Tuesday June 7, 2022. PA Photo. See PA story INQUIRY Bayoh. Photo credit should read: Jane Barlow/PA Wire (Jane Barlow/PA Wire)

Sgt Maxwell said that none of his team members had raised similar concerns.

They had been instructed by more senior officers, however, not to discuss the incident.

He added: "At that time it was more of a 'don't talk about the incident' for everyone's welfare.

"We didn't really speak about anything like that."

He had also been asked about his decision making regarding Mr Bayoh's restraints.

Last week, accident and emergency doctor Gillian Pickering had told the inquiry the handcuffs may have hindered CPR attempts.

Sgt Maxwell was asked why he had not removed handcuffs before giving CPR.

He said: "At the time, the chest compressions were more important.

"The delay of taking off the handcuffs was second fiddle to getting the rescue compressions in."

Sgt Maxwell told senior counsel to the inquiry, Angela Grahame QC, he had awareness of public concerns surrounding the deaths of black men in police custody in England and the US.

He claimed this had not been discussed within Police Scotland.

In his training to become a sergeant, he claimed he had not been offered any enhanced equality and diversity training and was not aware of any in his 14 years since leaving Tulliallan Police College.

The inquiry heard he had previously worked as a community officer in the Templehall area of Fife for around two years.

During this time, he served as the mosque liaison officer for the Kirkcaldy Central Mosque.

Sgt Maxwell said this put him in a good position to identify racist behaviour.

He added: "Would like to think I had contact with the majority of the people in Kirkcaldy in the Templehall area.

"And again, through interaction with the mosque.

"And also dealing with reports of racist behaviour.

"Investigating crime, so I'd like to think that, yes, I am in a good position to identify any discriminatory or racial behaviour."

Sgt Maxwell also said he did not come into contact with the black community in Kirkcaldy regularly.

He added: "There was a few people that we dealt with on a regular basis that were involved in shoplifting and drugs.

"There were a few interactions with black individuals as suspects but, again, they don't get treated any different as I would deal with a white suspect or Asian suspect.

"It's not any different.

"I try and treat everybody as an individual.

"It's not: they're black so they should be treated a certain way.

"That just doesn't happen."

The inquiry will hear evidence from Ashley Wyse on Wednesday afternoon, a neighbour who witnessed the incident on Sunday May 3 2015.

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