A JUDGE has ordered the Scottish Police Authority (SPA) to reconsider allowing two Fife police officers – linked to the 2015 death in custody of Sheku Bayoh – to retire early on medical grounds.
Lord Woolman said yesterday he sided with the constables, Nicole Short, 32, and 44-year-old Alan Paton, and added that the SPA’s reasons “do not add up”.
However, the family’s lawyer, Aamer Anwar, said they were “angry and disgusted at painting of racial stereotypes of a ‘black crazed’ male with ‘bulging muscles’.”
READ MORE: Sheku Bayoh family 'disgusted' at decision 'not to charge police'
That description came in Short’s written account of the events of May 3 that year, when she was called to the Templehall area of Kirkcaldy after reports of a black male with a knife.
She said colleagues had used incapacitant spray on Bayoh, to which he had reacted by “laughing and wiping it away from his eyes like it was just water”.
“Mr Bayoh’s muscles were bulging and he looked aggressive,” she said.
“He appeared out of control and dangerous … I was terrified that he was going to kill a member of the public if he was allowed to leave the street ... I still fully believed that he had a knife in his possession.”
Short said she ran after failing to hit Bayoh with her baton, but could hear him behind her, adding: “I felt an enormous blow to the back of my head over to the lower right side. I went flying.”
She was taken to hospital before returning to the police station in Kirkcaldy. Bayoh, a gas engineer, was pronounced dead a short time later and a was probe launched by the Police Investigations and Review Commissioner (PIRC). Short has been off work since the incident with post-traumatic stress disorder.
Anwar said ill-health and PTSD had been used over the years following deaths in police custody, so the decision that Short and Paton would try to retire, “came as no surprise”. He said: “Today’s decision ultimately means that these officers cannot be subject to potential misconduct hearings or disciplinary action.”
Much had been heard about the officers’ trauma, he said, but nothing of the impact on the dead man’s family – his partner Collette and his two young sons.
“The dead cannot answer back, but Sheku’s family will for him” said Anwar. “Sheku’s family believe he was subjected to unprovoked violence at the hands of the police right at the start ... before he is alleged to have responded on the fourth occasion.
“Despite a death in police custody the police officers failed to give statements to the [Police Investigations and Review Commissioner] Pirc for some 32 days. They were told not to confer but were placed together in as room for seven hours after the death ... The family wish to put on record they have seen the CCTV and believe this completely contradicts the version presented by the police.”
In his ruling, Woolman said: “There is an unabridged gap between the alleged involvement of the officers in a high-profile incident and the conclusion that it was in the public interest that they should be prevented from retiring.”
Scottish Police Federation deputy general secretary, David Kennedy, said: “We continue to support our members and hope that a date for a fatal accident inquiry or a public inquiry will be made soon.”
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel