THE family of a man who died in police custody have spoken of their devastation after being told there will be no criminal charges.
Sheku Bayoh, 31, died after being restrained by officers responding to a call in Kirkcaldy, Fife, on May 3, 2015.
His relatives said they “feel nothing but a total betrayal” after Scotland’s top law officer ruled out prosecuting any of the nine officers involved or Police Scotland.
A statement by their lawyer Aamer Anwar said: “Sheku’s family believe they have been failed by those who have a duty to protect the public and uphold the rule of law.
“Each institution from Police Scotland under the previous leadership of Stephen House, the Police Investigations and Review Commissioner and now the Crown Office have failed to hold to account those responsible for the death of Sheku Bayoh.
“There have been repeated attempts by police sources to print lies, criminalise, speculate and smear Sheku in his final moments.”
He insisted the family would continue to fight and seek a review, and demanded all evidence now be disclosed by the Crown Office.
Mr Anwar added: "They will robustly pursue a civil action and meet with the Justice Secretary this afternoon.
"They will accept nothing less than a public inquiry from the Scottish Government - a Fatal Accident Inquiry would be another betrayal and would do nothing to bring about real change, accountability and justice."
A vigil took place outside the Crown Office in Edinburgh’s city centre as the family met with the Lord Advocate, James Wolff QC.
Visibly overcome with emotion, Mr Sheku’s sister Kadi Johnson said the family had been failed.
She said: “We have left this office very disappointed and disgusted. My brother Skeku has died, and yet the police get to walk free.
“The justice system has failed us as a family, as well as his two boys Isaac and Tyler.”
She was too upset to speak further.
Mr Bayoh was a trainee gas engineer when he died in 2015 after being restrained by up to six officers.
Police said they had been told a man was acting erratically while holding a knife, but his family insist he was not carrying a weapon when officers arrived.
Tests later showed he had drugs in his system.
Mr Anwar said: “Sheku Bayoh was under the influence of drugs, but he did not deserve to die.
“He acted out of character, and the police had every right to act if he had broken the law, to defend themselves, but any force used had to be reasonable, proportionate and legitimate.
“But we now know he did not attack the police with a knife, did not brandish one, nor was he carrying one when the police arrived.”
A Crown Office spokesman said: "The Lord Advocate, Senior Crown Counsel and officials from the Crown Office and Procurator Fiscal Service (COPFS) have met with the family of Sheku Bayoh, and their legal representative, to inform them of the status of this case.
"This has been a complex investigation, and COPFS appreciates that it has been a difficult time for Mr Bayoh's family and for all those involved.
"The Crown has conducted this investigation with professionalism, integrity and respect.
"It is committed to ensuring that the facts and circumstances surrounding the death of Sheku Bayoh are fully aired in an appropriate legal forum and, to that end, it has discussed possible next steps with a small number of colleagues in the justice system."
It would not comment further in "order to protect any potential proceedings".
Mr Bayoh's family are due to meet Justice Secretary Humza Yousaf this afternoon to demand a public inquiry.
Deborah Coles, director of deaths in custody campaign group Inquest, said the decision to rule out criminal charges was “sadly predictable”.
She said there was a “historical unwillingness” to prosecute police, adding: “I think the family quite rightly feel failed by the system.
“I think it’s also absolutely disgraceful that it has taken three years to get to this position.
“This family are grieving. It has caused immense emotional and physical turmoil for the family, and all they want is the truth about how Sheku died.”
She said Inquest fully supported the call for a public inquiry, and said the issue of race was “particularly relevant here”.
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