THE family of Sheku Bayoh, the Fife man who died in custody two years ago, are to sue Police Scotland.

Solicitor Aamer Anwar told The National that he couldn’t go in to detail at the moment, just that the family have “instructed the launch of a potential civil action to take place”.

“It is a complex path to follow,” Anwar said. "I don’t want to prejudge the outcome of the Lord Advocate’s inquiry because there’s still a very rigorous investigation going on and no decision has been made yet.”

Police came in to contact with Bayoh early on the morning of May 3, 2015, when responding to calls about a man acting strangely in Kirkcaldy. Bayoh was restrained by up to nine officers who used batons, CS spray, pava spray, leg restraints and handcuffs to subdue him.

His family believe post-mortem evidence shows Bayoh died of “positional asphyxia” caused by being brought to the ground by four officers. He was also reported to have taken drugs and alcohol before coming in to contact with police.

Anwar said he and the family are to meet with the Lord Advocate on February 8 to discuss the investigation.

“No decision has been taken yet on whether there will be criminal prosecutions or not, nor, in the event of criminal prosecutions, what happens after that. The issue of the civil action is a completely separate matter, of course, and it’s one the family wish to now pursue.”

Anwar was speaking ahead of a documentary being broadcast tomorrow night on BBC 2.

For the last 20 months, a film crew has been following the family, capturing how they have reacted to the investigation into Bayoh’s death, and the often heated exchange of views between their lawyer and the lawyers representing the police officers. I think it’s in the public interest that people know what happens to families when they lose loved ones,” Anwar said. “Sometimes it degenerates into whether the individual who has died is blameworthy, whether the individual has been smeared enough in order to take away his right to life.

“We’ve seen that, sadly, in many deaths in custody in the UK and in the US – almost a deliberate attempt to, first of all, criminalise the individual, secondly, to justify excessive use of force and, thirdly, the attempt is then made to go after the family and those who represent them as though what they’re asking for is unfathomable, as if they shouldn’t have a right to know the truth or demand justice.” He added: “This has been a highly controversial case from the very first day and what the family has said from day one is they’re not going to give up, they’re not going to be treated as idiots and they’re not going to be patronised and they will use whatever resources they have to get to the truth and get justice.”

In a statement, Police Scotland said they were committed to co-operating with the Police Investigations and Review Commissioner (Pirc) and the Crown Office throughout the investigative process. “Our condolences remain with Sheku Bayoh’s family and friends, and we continue to offer support to all those involved in or affected by this tragic incident.

“We cannot comment on the events of May 3, 2015 while the Crown evaluates the independent findings submitted by Pirc.”

The Crown Office said: “The Pirc report has been carefully considered. The Crown requires to undertake further work before a decision can be made as to whether or not there should be any criminal proceedings. That work is in hand. We will continue to liaise with the nearest relatives of the deceased’s family to ensure that they are kept fully informed of the progress of the investigation. A decision on further proceedings will be made as quickly as possible.”