A SMOKE grenade was used in error during a police operation which led to the shooting of an asylum seeker who stabbed six people at a hotel.
Badreddin Abdalla Adam Bosh, 28, attacked his victims at Glasgow city centre's Park Inn on June 26 2020.
The Sudanese man was one of hundreds of refugees moved from flats to hotels at the start of the Covid-19 pandemic.
Officers had attempted to use non lethal weapons to disarm Bosh during the incident before he was shot and killed.
The Fatal Accident Inquiry (FAI) probe was told that a smoke device was deployed when it should have been a stun grenade.
An advocate representing the Scottish Police Federation stated that the error may have hindered communication between the firearms officers and is a "potential factor relevant to the death."
A preliminary hearing took place at Glasgow Sheriff Court in preparation for the full inquiry which will take place at a later date.
An FAI is a public examination of the circumstances of a death in the public interest before a sheriff which does not apportion blame or fault.
Sheriff Principal Aisha Anwar addressed the public gallery at the start of proceedings.
She said: “I begin by offering condolences to the family and friends of Mr Bosh.
“I appreciate that in this inquiry there will be chapters that are difficult to hear.
“Reliving events of June 26 2020 will no doubt be traumatic to those Mr Bosh injured.
“It will be difficult for those involved in policing the event.
“This inquiry will do all it can to make sure difficult chapters are handled sensitively.”
Shelagh McCall KC, representing the Scottish Police Federation, told the hearing that a smoke grenade was wrongly deployed during the operation.
The advocate said: “This caused the fire alarm to be activated in the hotel.
“In turn, that may have impacted on the communications among those at the scene – meaning officers, staff and residents as well as communications to and from the control rooms listening over radios.
“A smoke grenade was inappropriate to the situation and operation.
“The intention was to deploy a stun grenade.
“The wrong device was selected by the officer from the gun safe.
“It is not considered that as far as I am aware that the detonation contributed or caused the death but is potentially a factor relevant to the death.
“The issue is how the error came about and its impact on the communications and the consequences of that.”
Advocate depute Alan Cameron KC earlier told the hearing that the Crown were “not in a position to address you as to the scope of the inquiry or allow dates to be fixed due to the areas in dispute.”
Cameron added: “At this stage a further preliminary hearing would be appropriate given the state of the proceedings.
“Liaison is required for areas likely in dispute and where unchallenged evidence would be presented.
“A period of three months would be realistic.
“It is anticipated parties would be able to speak about the scope of the inquiry, areas likely in dispute and discuss the length of the inquiry.”
Cameron stated to the Sheriff Principal that there are currently 83 witnesses.
The next of kin were represented at the hearing by Mark Stewart.
He told the court that he was happy for a round table discussion with other parties involved to discuss outstanding matters.
Stewart also stated that his clients have also been contacted by Refugees For Justice who wish to be represented at the inquiry.
An application for the organisation to be involved was continued until the next hearing.
The Secretary of State was represented by Andrew Webster who stated: “It is here to listen and learn and assist the Crown for the purposes of the inquiry.”
Ross Crawford, who appeared for the Chief Constable of Police Scotland, said that 700 documents are required to be subject to redactions.
Other bodies including the Scottish Ambulance Service, Glasgow City Council and the Mears Group were represented at the hearing.
A continued preliminary hearing has been fixed for June.
The Bosh family lawyer, Aamer Anwar, gave a statement outside of Glasgow Sheriff Court at the end of the preliminary hearing.
He said: "He was 28-year-old asylum seeker from Sudan who was placed in the Park Inn hotel in 2020 during the height of the pandemic.
"On June 26 2020 Mr Bosh was shot dead by Police Scotland's fire arms officers after he stabbed three asylum seekers, two hotel workers and a police officer who responded to the initial emergency call.
"Adam Bosh had applied voluntarily to return to Sudan but the process was delayed by the pandemic.
"Mr Bosh had been staying in the hotel for three months and at the time had been ill with Covid-19 and it was clear to those around him that his mental health was rapidly declining.
"Previously, some of those injured by Mr Bosh had said they did not blame him because of the decline in his mental health but raised serious allegations about failings by the Home Office.
"A leaked Home Office document reported in the media claimed that Mr Bosh had made 72 calls seeking help from the Home Office.
"The Home Office and the Mears Group were heavily criticised for uprooting hundreds of refugees and asylum seekers and moving them to hotels empty because of the lockdown. "Those advocating on behalf of asylum seekers and refugees complained that hundreds of vulnerable and frightened people were forced into hotels and cramped places when social distancing was being advised by the Government.
"Questions were raised at the time as to whether there was adequate medical and psychiatric support for those in the hotel. "Mr Bosh's family raised concerns as to whether legal course was necessary. A fatal accident inquiry will take place due to the nature and circumstances of the death which gives rise to serious public concerns."
