After Sheku


After Sheku

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When Shek died,

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that morning,

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they were like, "Holy hell,

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"what are we going to do?"

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A black man had died.

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Ferguson has just happened in America.

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-Hands up!

-Don't shoot!

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Baltimore is still up and running.

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What the heck are we going to do?

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I've waited for someone like Shek

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for such a long time and he's just taken away from me.

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We were looking forward to so much together.

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We're gathered outside Kirkcaldy police station because

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five weeks ago, on Sunday the 3rd of May,

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Sheku Bayoh came into contact with nine police officers

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from Kirkcaldy police station.

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Within the space of 15 minutes, he lost consciousness

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and was officially pronounced dead at Victoria Hospital.

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The coastal town of Kirkcaldy in Fife is home to Kadi Johnson,

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her husband Ade and their two daughters.

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With its small but growing black community,

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they embraced the town when they first moved here.

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So much so that 14 years ago, Kadi asked her younger brother Sheku

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to move from London to join them when he was 17 years old.

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We wanted him here to be close to us, maybe because I was looking for,

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you know, another young man next by me, sporty, doing stuff.

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Shek is a good boy.

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He loved his friends, he loved his family.

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And he loved his two children.

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Shek was a fun-loving, larger-than-life guy.

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He was always singing, always dancing,

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always having fun around the house.

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He was just such a kind, caring gentleman,

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who would do anything for anybody.

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Being around him sometimes was just like being around a force of nature.

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He was just such an animated and...

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Er...

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You know, he was just so alive, really.

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But I don't ever recall being unhappy around him.

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He was a youth leader in the community.

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Shek had given talks to the police,

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to police officers, when he was young.

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You know, he has done work with the Prince's Trust,

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apprenticeship with Fife Council.

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He called me his princess and he treated me like one.

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He was just a true gentleman.

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I couldn't have asked for a better guy.

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I had a birthday party on the 2nd of May for my daughter.

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She was seven, turning seven at the time.

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Sheku joined us about half past five or so, he joined us.

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As normal, he came in with a birthday present for my daughter.

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All the children were happy to see him.

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He was having a laugh with them.

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He came in, met all of the family members, friends,

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and as the evening went on, people started coming,

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my friends from Edinburgh, Glasgow and around Kirkcaldy.

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They came, they joined us.

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We had plenty to eat.

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There was plenty food, plenty drinks.

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He helped serve the guests.

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He was talking, laughing, making jokes.

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Then, as the evening went on, at about nine or just after nine,

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his friend Zahid came.

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Zahid came, he aids us, as he usually does,

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because he's part of us, too, you know.

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And after that, they said they are leaving,

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they are going out to get ready for the boxing,

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because the boxing was on that night.

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One thing Sheku did when he was leaving,

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he gave everybody a hug and a kiss.

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Every single person, before he left and that's...

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He doesn't usually do that.

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12 hours later, Sheku Bayoh lay dead in Kirkcaldy's Victoria Hospital,

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where Kadi worked as a nurse.

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This film follows the family over 20 months as they try to find out

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what happened, and ask questions of Scotland's legal institutions.

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I was staying at Mum's,

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only because he had said that he was going to invite a few friends round

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that night. The plan was just he would have his guy time,

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I would go to Mum's, and stay there for the night.

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On the morning of the 3rd,

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I got a phone call at about half past six from Zahid, saying

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for me to phone him as soon as possible,

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and I thought that was very strange.

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He was just like, "Don't panic, don't panic, don't worry.

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"Shek's just... We've just had a fight.

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"He just started beating me up and...

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"but he's all right and I'm OK and..."

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And I was like, "What's happened now?"

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And he was like, "Just don't go home. He's not himself."

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So I just got dressed and went straight home.

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I think that was about quarter past seven.

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I got to the house, I opened the front door -

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the front door was locked.

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I went through and as I went through, the kitchen door was open.

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And I looked in the kitchen and he wasn't there, so then

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I started shouting on him.

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Then I was getting really worried.

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I tried phoning him and then I seen

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that his phone was in the corner of the kitchen.

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The way the kitchen was, like,

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he had jackets on the kitchen floor

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and I thought, that's really strange -

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like, Shek was a really clean person.

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He was always tidy. He wouldn't have anything messy so I thought the fact

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that his jackets were on the floor was very, very strange as well.

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Nothing had ever happened like that before.

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Shek hadn't even ever been in a fight,

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so for Zahid to phone me and say that they had been in a fight

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was all very strange. I just didn't know what was going on.

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Sheku and Collette had been together for just over two and a half years.

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Their son Isaac was three months old when his dad died.

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Sheku's first son from a previous relationship, Tyler,

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was three years old at the time.

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I phoned the police and I reported him missing.

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I went, picked Mum up, got Isaac.

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As I drew up to my house, there was a police car and four officers.

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Two policeman came into my living room.

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One went straight upstairs, didn't ask,

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just went straight upstairs and one went into the kitchen and then I

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didn't see that officer again.

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It was very odd.

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Erm...

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And then I had to feed Isaac,

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so then I went upstairs and started feeding Isaac in his room

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and Mum was looking out the window, and she said,

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"Oh, there's a police van turned up now and there's a sniffer dog

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"in your garden." And I was like,

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there's something really not right there.

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We were home, just having a lazy day

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and then at about three o'clock in the afternoon,

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two police officers called in to my house wearing plain clothes.

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And they said,

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"There's no easy way to say this,

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"but I just want to tell you that he has passed away."

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And that was devastating news for me.

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I was asking the questions about, you know, "How did he die?

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"Was he attacked?" And they said no.

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"Was he stabbed?"

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They said no and I was like,

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"So what killed him?"

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And then the officers said to us they didn't know.

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A member of the public saw him lying on the side of the road,

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called an ambulance, and the ambulance picked him up.

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On the way to the hospital, he died.

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Then when we go to the police station and they say,

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"There's been a body found."

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Although I've been saying "Is he dead, is he dead?"

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I don't believe it.

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In shock, I'm asking, "Is he...

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"Is he hurt? Is he stabbed?"

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And their reply to that was, "We don't know. Nothing obvious.

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"Nothing that we can see."

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And we asked, "How did he die?"

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And they said, "We don't know but we are looking for two guys."

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And I was like, we need to find out how come the stories

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are not the same and I said, "So, who's your gaffer?"

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And I said, "Well, can you tell him that Ade...

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"Ask him to come to my house."

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Within the hour,

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a senior officer from Police Scotland arrives at the house.

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We got as many families in from Edinburgh, from all over Fife.

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There are a lot of people in the room.

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And I said to him, "These are all family members,

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"so we just want to know what really happened. So tell us what you know."

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And he started a different path of story.

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His story was so different from the ones we've had and he was the one

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that said to us that a call came in that

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a black male was wielding a machete in the middle of the street.

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Six officers were first on the scene, according to him, he said,

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the six officers approached him, they tried to engage with him,

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he refused to engage with the officers.

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He was wielding the machete and then...

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And then he said they pepper-sprayed him.

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And then he lashed out, kicking a policewoman - his exact words -

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kicking a policewoman.

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She fell to the floor,

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he stamped on her head on the floor

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and he was kicking her head on the floor.

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And I said to him, "OK, you said a black male was wielding a machete

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"in the middle of the road."

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Which sounds like the Woolwich stuff.

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I said, "Do you have the machete in...

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"Do you have the machete now?"

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He said, "No, it's a knife."

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I said, "Do you have a knife?

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"You said a machete, now we're moving to a knife."

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He said, "Yeah, yeah. It's a knife."

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The bombshell came when he said - oh, what he had said,

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we should keep it within these walls.

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We should not speak to the media.

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We should not go on Facebook, on social media.

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Then we were like, uh-oh, something was wrong.

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By 7:00pm,

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Police Scotland confirmed that a 31-year-old man died and a female

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police officer was injured in the incident.

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Fife Divisional Commander Chief Superintendent Gary McEwan said...

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This does little to calm the concerns within the family

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about what happened to Sheku.

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I believe the very first time they came to my house,

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they knew exactly what happened.

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You can't come and tell me one thing,

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the next minute you're telling me another thing.

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How do you expect me to believe that?

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Which one of these stories is right?

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As is practise in serious incidents involving the police,

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the Crown Office calls in

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the Police Investigations and Review Commissioner, the PIRC.

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Their team is on the scene within hours of Sheku's death.

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We've put our faith in the PIRC to do a full investigation.

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And we believe that we will get the truth.

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We believe, cos we've put our faith in the PIRC.

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You got that letter from the Lord Advocate?

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On Monday, confused by the conflicting stories

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they are getting,

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the family contact lawyer Aamer Anwar.

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Within 24 hours of Sheku having died,

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the whole family came to see me.

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There was Ade, it was Sheku's sister,

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it was Collette, it was other family members,

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must have been about 11 people.

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The family were very respectable.

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They were middle class.

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Intelligent. They appeared to be asking the right questions,

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their questions were focused but, obviously, they were upset

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and simmering underneath that was anger.

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The family simply asked for answers for what happened that morning.

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Sheku Bayoh's family say that without the word truth,

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there can be no justice.

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I would like everybody in respect of Sheku Bayoh,

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for two minutes' silence

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to start. Thank you.

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The family of a man who died in police custody in Fife

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earlier this month, are seeking the truth about what happened to him.

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The family of Sheku Bayoh gathered this morning

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for an emotional press conference.

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The first press conference was on May the 14th,

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so there had been just under two weeks

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had been given to the PIRC and to Police Scotland

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and to the Crown Office to respond.

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The family had growing concerns that

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things were not going well and they realised

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they need to put pressure on.

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Because it's quite clear that unless the spotlight is put on,

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unfortunately, these things tend to disappear.

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And that, normally for families,

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unfortunately, stinks of a cover-up.

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I want to know the whole truth of the circumstances surrounding

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his death, so that one day I can explain to my son, Isaac Bayoh,

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why he has had to grow up without his daddy.

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Soon after the press conference,

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a statement on behalf of the Police Federation,

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which represents police officers, is made.

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To say that Shek was very large, I was like, "Is this a joke?"

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He's not very large.

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And to portray him to be violent,

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I just felt they were trying to make him out to be this big, terrible,

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ugly monster, which was...

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It was far from the truth.

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By this stage, piecing together different accounts,

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the lawyer begins to establish another version of the events

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leading to Sheku's death.

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The police received reports about quarter past seven

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of a black male walking down the street, acting erratically.

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Some reports of him carrying a knife. Sheku.

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Police cars were dispatched.

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The first two male officers to arrive on the scene approach Sheku.

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He wasn't brandishing a knife.

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He wasn't carrying a knife.

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The first officer pulled out his CS spray. Discharged it at Sheku.

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This CS spray, it's claimed, disorientated the officer,

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flew back in his own face.

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The other officer then used his spray.

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Sheku appears to try and walk away.

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Two other officers arrive, a male and female officer,

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the male officer also discharged his CS spray.

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He also uses his baton.

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There was a scuffle.

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Sheku is alleged to have attacked the female officer.

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Within 30 seconds of their first contact with Sheku,

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he is brought down to the ground.

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This female officer is able to get up and walk away.

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Within a minute, a minute and a half, officers are holding him down.

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He has leg restraints,

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ankle restraints and handcuffs applied to him.

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Within two minutes or so, he's lost consciousness,

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never to regain consciousness again.

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The Police Investigations and Review Commissioner

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was established in 2013

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as a response to the creation of Police Scotland.

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The team is made up of a small group of investigators,

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under the leadership of Commissioner Kate Frame.

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About 50% of the investigating team are former police officers.

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The Sheku Bayoh case is one of their first major tests.

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Within the first 48 hours, the PIRC advise the family

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that police officers had refused

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to provide statements to their investigating officers.

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That caused great concern, it caused shock.

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These nine officers, within a few hours of Sheku's death,

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are allowed to return to the police station,

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are kept in the same room as each other,

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yet the investigating officers are not allowed to even speak to them,

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are not even allowed to take statements from them and then

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it takes the family to campaign

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and to raise this issue day in, day out, until 32 days later,

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the PIRC are then successful

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in getting statements from the police officers.

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Why were they not suspended without prejudice and given an order that

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they must not speak to each other?

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On the 5th of June 2015, the PIRC issues a statement.

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While the PIRC presses ahead with the investigation,

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the family commissions independent experts of its own.

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We instructed Dr Nat Cary,

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one of the UK's foremost forensic pathologists,

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and he's the foremost expert on positional asphyxiation,

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which is one of the issues that was being looked into,

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whether Sheku Bayoh died because of asphyxiation.

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We felt suspicious, because...

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the day he passed away, we had those different stories, so from then on,

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the trust was out of the window.

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They asked us that same night to go and identify the body.

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My mother was in London.

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We were arranging for her to come up the next day and we did say to them

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that as soon as she comes, we'll let them know and we'll make

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the arrangements to go and view the body first,

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before the postmortem was carried out. And they agreed.

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The postmortem takes place without their knowledge

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and before the family can see Sheku's body.

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That's a bit... You know, that was hurtful.

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Maybe they didn't care about our feelings.

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In the immediate aftermath of the incident,

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pathologists are unable to provide a conclusive cause of death.

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Five weeks after his death, and with many questions still unanswered,

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Sheku Bayoh is finally laid to rest.

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To the family of the late Sheku Bayoh,

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and friends, to all of you here,

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I bring

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condolences and sorrows from our president,

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Dr Ernest Bai Koroma and the people of Sierra Leone.

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So sorry about this incident.

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Brother Sheku, he's left this world.

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He's left us a reminder that one day

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we will also go on this journey and the question we have to all ask,

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"What am I taking with me?"

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Because nobody takes nothing from this world.

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And the only thing that's going to go with you is your deeds,

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good or bad.

0:23:290:23:30

To be honest, I felt like I was burying myself.

0:23:350:23:38

Shek was not just a friend.

0:23:420:23:44

He was a brother to me.

0:23:460:23:48

Family. I wish I could just take back time.

0:23:480:23:51

I couldn't really hold it in any more. It was just...

0:24:020:24:05

incredible sadness

0:24:050:24:08

and there was no way of stopping... just really emotional.

0:24:080:24:11

But I guess it's because we were really saying goodbye.

0:24:150:24:18

The family decides to launch a wider campaign and seeks advice from other

0:24:540:24:59

families whose loved ones have died in police custody.

0:24:590:25:02

There's families from England who have been struggling for years

0:25:040:25:06

because their brothers, their sons, died in police custody.

0:25:060:25:09

Some of those families were instrumental in forcing

0:25:090:25:12

the Home Secretary to order an independent review into deaths

0:25:120:25:15

in custodies in England and Wales.

0:25:150:25:17

Marcia Rigg's brother Sean died in Brixton police station in 2008.

0:25:190:25:24

I'll tell you a little bit more about Sean's case,

0:25:250:25:28

which was similar to some of the things mentioned earlier on...

0:25:280:25:33

Following an initial investigation

0:25:330:25:35

by the Independent Police Complaints Commission

0:25:350:25:38

in England that cleared police, an inquest jury found unsuitable force

0:25:380:25:43

had been used in Sean's arrest.

0:25:430:25:46

We found that they were lying in every part.

0:25:460:25:49

Everything they told us wasn't true.

0:25:490:25:51

And we had to meticulously go through the CCTV.

0:25:510:25:55

The place was full of CCTV but nothing works.

0:25:550:25:58

Even the hospital. It's a brand-new hospital.

0:25:580:26:01

It's a year-old hospital.

0:26:010:26:02

The CCTV in the A&E is not working.

0:26:020:26:06

We were able to view the CCTV as a family. The family were allowed.

0:26:060:26:11

But we brought other people with us, so we had our

0:26:110:26:14

legal team, a solicitor,

0:26:140:26:16

and we brought one or two friends

0:26:160:26:18

so that when we were watching it, people, different people

0:26:180:26:22

would pick up different things.

0:26:220:26:24

Because we weren't allowed to take the CCTV with us,

0:26:240:26:27

and we watched it...

0:26:270:26:28

And it was the raw deal.

0:26:280:26:31

And so we remembered certain things that we'd seen and heard because it

0:26:310:26:35

was all so out of order.

0:26:350:26:38

When you hear from Marcia,

0:26:380:26:40

it does let us know that we are not

0:26:400:26:42

the only family that's going through

0:26:420:26:44

what we are going through.

0:26:440:26:45

They have been through it.

0:26:450:26:47

And with us sharing the grief, it does help us, in a way.

0:26:470:26:51

But we still don't know the truth and we need more information.

0:26:510:26:54

But talking to them does help a lot, so we know what to expect,

0:26:540:26:58

what to look for, how to prepare ourselves.

0:26:580:27:01

You will get the truth.

0:27:010:27:02

The medical evidence, his body, the photographs,

0:27:020:27:07

the autopsy pictures and so forth.

0:27:070:27:09

You will get the truth of how he died.

0:27:090:27:12

If you get...

0:27:120:27:14

justice afterwards, you're going to have to really fight for that.

0:27:140:27:17

But you will find out how he died.

0:27:170:27:19

We just have to three be strong as sisters now.

0:27:190:27:23

And, you know, work as a team for our mother and for the two boys.

0:27:230:27:28

We know it's not going to be easy. We know it's going to be tough.

0:27:280:27:31

But with their support and the strength they've given us,

0:27:310:27:36

we will be able to move on.

0:27:360:27:38

If they didn't do anything wrong...

0:27:380:27:40

-The pain is not knowing.

-Yeah.

0:27:400:27:42

That's what would make us keep up the fight.

0:27:420:27:46

Because we don't know.

0:27:460:27:47

Encouraged, the family launch a series of events to raise awareness.

0:27:470:27:53

-CROWD:

-Sheku Bayoh!

0:27:530:27:56

The campaign is going good.

0:27:560:27:58

The campaign is really important.

0:27:580:28:01

I find it difficult

0:28:010:28:03

because I'm trying to grieve for him but then I'm always busy,

0:28:030:28:07

I'm always going here, there and everywhere,

0:28:070:28:10

doing everything. But I know it's so important.

0:28:100:28:13

-CROWD:

-Sheku Bayoh!

0:28:130:28:15

I don't feel like we're ever going to get the justice, although we're

0:28:150:28:19

fighting for the justice, I don't know if we're ever going to get it.

0:28:190:28:23

Where's your legs...?

0:28:240:28:27

But having moved in with her mum and dealing with new motherhood,

0:28:270:28:30

Collette is finding it hard to maintain her presence at meetings.

0:28:300:28:34

Losing Shek...how I did, is difficult.

0:28:360:28:42

Erm...

0:28:420:28:44

I don't like to think of him like that.

0:28:440:28:47

Every time we do a campaign, it's...

0:28:470:28:51

You're reminded of the pain that he went through.

0:28:510:28:54

It's hard.

0:28:540:28:56

I need to just find strength to be able to carry on.

0:28:590:29:04

I know it's what Shek would have wanted as well.

0:29:040:29:07

Yay!

0:29:070:29:10

Good job.

0:29:100:29:11

In August 2015,

0:29:130:29:15

new information comes to light that suggests police officers may have

0:29:150:29:19

thought they were responding to a terrorist attack that morning.

0:29:190:29:23

I understand the information came from the police officers themselves.

0:29:240:29:27

They believed that they were under a terrorist attack.

0:29:270:29:30

But it doesn't make any sense.

0:29:300:29:32

If you think you're under terrorist attack, you press the button

0:29:320:29:35

and say, "We've got a terrorist here. All units out."

0:29:350:29:37

So, one wonders, why would an officer say

0:29:370:29:40

that he's under a terrorist attack,

0:29:400:29:42

other than to say the force he is using, even if it's excessive,

0:29:420:29:47

is legitimate.

0:29:470:29:49

The PIRC completes her interim report to the Crown Office

0:29:500:29:54

but with it comes a blow for the family.

0:29:540:29:58

The toxicology report reveals that traces of the drug MDMA

0:29:580:30:02

and a psychostimulant called A-PVP have been found in Sheku's blood.

0:30:020:30:09

A-PVP has been linked to erratic behaviour.

0:30:090:30:12

When I heard about the toxicology report, I was...really hurt.

0:30:140:30:20

Erm...

0:30:200:30:22

I don't agree with drugs whatsoever.

0:30:220:30:24

The Bayoh family have stated from day one

0:30:240:30:27

that Sheku Bayoh acted out of character that morning.

0:30:270:30:30

But then nothing's going to ever change the love that I had for Shek

0:30:300:30:34

and certainly just because of the toxicology report.

0:30:340:30:38

That is not what killed him.

0:30:380:30:40

For me...

0:30:440:30:46

I'm not going to accept anything on the death certificate other than

0:30:460:30:51

positional asphyxiation.

0:30:510:30:52

Because if it wasn't for coming into contact with the police,

0:30:520:30:55

Shek would still be here.

0:30:550:30:57

Sheku Bayoh's death certificate

0:30:590:31:02

cites the cause of death as

0:31:020:31:04

"sudden death in a man intoxicated by MDMA and A-PVP,

0:31:040:31:09

"whilst being restrained."

0:31:090:31:12

Whether they're taking drugs or whether they are found carrying

0:31:130:31:17

a knife, police officers who attend are entitled to use force

0:31:170:31:20

but it has to, at all times, be reasonable, it has to be legitimate

0:31:200:31:25

and it has to be proportionate in the circumstances. If you find

0:31:250:31:28

an individual who, when you respond, actually isn't carrying a knife...

0:31:280:31:33

you deal with that appropriately.

0:31:330:31:35

And if they are vulnerable,

0:31:350:31:38

then the vulnerabilities have to be taken into account.

0:31:380:31:41

That night, he'd been in contact with Zahid, we'd been discussing

0:31:480:31:52

him coming up later on to watch the boxing after work -

0:31:520:31:56

it was four o'clock in the morning it was due to be starting.

0:31:560:31:59

He was going to be with Shek.

0:31:590:32:01

He was going to the birthday party with him

0:32:010:32:04

and the plan was for them to just head up when I got home.

0:32:040:32:07

We ended up, Kirsty, my partner, and Zahid were having

0:32:140:32:17

a conversation, and Shek and I were trying to have a conversation

0:32:170:32:21

and it, sort of, was crisscrossing.

0:32:210:32:25

I was aware that we were all trying to talk over each other.

0:32:250:32:29

It was a bit disorientating.

0:32:290:32:32

Shek, sort of, he seemed to be reacting a bit strangely to it.

0:32:320:32:36

And then Zahid moved over to the couch

0:32:390:32:44

so that he could speak to Kirsty.

0:32:440:32:48

We began talking about a friend of Kirsty's.

0:32:480:32:54

Shek seemed to misunderstand what was being said.

0:32:540:32:59

He had said something that implied we were talking about him.

0:32:590:33:02

And everybody was like, "No, no, of course not.

0:33:020:33:05

"We're talking about so-and-so."

0:33:050:33:08

He kept making remarks that weren't

0:33:080:33:10

relevant to what we were talking about. It was like he was hearing

0:33:100:33:13

something else. It just became really uncomfortable.

0:33:130:33:18

We couldn't get through to him.

0:33:180:33:21

The boxing was on but it was just on.

0:33:230:33:26

We were just, sort of, staring at it.

0:33:260:33:29

Zahid had went back over to sit next to Shek

0:33:310:33:35

and he was saying to him, "Look, it's fine. You OK?"

0:33:350:33:39

We ended up just sitting quiet. The atmosphere was changed completely.

0:33:390:33:43

-INTERVIEWER:

-Did you think he'd taken something?

0:33:440:33:47

Erm...

0:33:470:33:49

I thought that... I assumed that he had, due to his behaviour.

0:33:490:33:52

I didn't see him take anything but,

0:33:520:33:55

judging from his really strange behaviour, I did assume that he had.

0:33:550:34:00

I'd never seen Shek

0:34:030:34:06

behave like that before.

0:34:060:34:08

One of the last things I remember him saying,

0:34:100:34:12

he was standing up, he said,

0:34:120:34:14

"I'm just an idiot. Sorry.

0:34:140:34:17

"I'm just an idiot."

0:34:170:34:19

Zahid hung around for,

0:34:230:34:26

maybe, a minute. He said, "I'm sorry about this."

0:34:260:34:28

I was like, "Look, it's fine. Just go with him."

0:34:280:34:32

We assumed Shek was waiting at the car for him, or whatever,

0:34:330:34:36

for them both to go down to Shek's house. But Shek had left on foot.

0:34:360:34:40

Zahid had let me know that he had got him and they had went to

0:34:430:34:46

Shek's house. At the back at six, half six in the morning.

0:34:460:34:50

Zahid called me and he said, "Shek attacked me."

0:34:500:34:56

I was telling him to calm down. "What's happened?" He said he was...

0:34:560:34:59

He'd literally ran away from him.

0:34:590:35:01

I said to him, "Tell me where you are and I'll come and get you."

0:35:010:35:05

I picked him up and he told me Shek

0:35:050:35:09

was sort of going in and out of understanding

0:35:090:35:12

and Zahid was going to leave.

0:35:120:35:14

And Shek had attacked him.

0:35:170:35:19

We'd toyed with the idea of me knocking on the door and trying to

0:35:210:35:26

see if he was OK. But based on everything that had happened

0:35:260:35:30

we thought, we'll just leave him.

0:35:300:35:33

There was no reason to believe he was going to leave the house at all.

0:35:330:35:37

That's not him.

0:35:410:35:43

He doesn't do things like that or else I would have known.

0:35:430:35:46

People do it. They do it one time, it works for them,

0:35:460:35:49

they do it one time, it doesn't work at all for them. So... You know.

0:35:490:35:53

In Edinburgh, after finally being allowed a confidential viewing

0:35:570:36:01

of the CCTV footage,

0:36:010:36:03

the family takes its case to the Scottish Parliament.

0:36:030:36:07

Collette has chosen not to view the footage.

0:36:070:36:10

This morning, a heartbroken family

0:36:100:36:13

watched the last moments of Sheku's life taken on CCTV footage.

0:36:130:36:17

Members of Parliament, what are you going to do?

0:36:170:36:20

We saw the brutal truth.

0:36:200:36:23

We saw exactly what happened to our brother.

0:36:230:36:26

Together with the CCTV footage,

0:36:340:36:36

the medical evidence of the injuries to Sheku causes renewed anguish

0:36:360:36:40

to the family, with around 30 injuries to his head and body.

0:36:400:36:45

I knew how many injuries he had,

0:36:460:36:48

I didn't know the extent to what they were and I didn't realise

0:36:480:36:52

they were as bad as what they were.

0:36:520:36:55

And when I seen the diagram of all the injuries,

0:36:550:36:58

it broke my heart to think that my perfect man,

0:36:580:37:02

and his perfect face, was so hurt.

0:37:020:37:05

Until now, the family's been keen to see Sheku's death

0:37:080:37:12

as an isolated incident.

0:37:120:37:14

But a new report suddenly gives it a much wider significance.

0:37:140:37:18

Good evening. Sheku Bayoh died after being arrested and restrained

0:37:210:37:24

by police in Kirkcaldy five months ago.

0:37:240:37:27

..it emerged one of the officers involved in his restraint

0:37:270:37:30

-has a history of violence.

-..reveal allegations one of the police

0:37:300:37:34

officers involved has a history of violence and racism...

0:37:340:37:37

..tonight we name one of the officers involved,

0:37:370:37:40

known until now only as Officer A,

0:37:400:37:43

as PC Alan Paton from Kirkcaldy.

0:37:430:37:46

We do this after members of his own family came forward to tell of the

0:37:460:37:50

officer's alleged violent past, including a sustained attack on...

0:37:500:37:55

..told the BBC that, as a teenager, Alan Paton held racist views.

0:37:550:38:00

And, in the week since Sheku Bayoh's death,

0:38:000:38:03

admitted to hating black people.

0:38:030:38:05

Several months earlier, we'd actually advised the PIRC

0:38:050:38:07

and the Lord Advocate that there was an officer we were repeatedly

0:38:070:38:10

receiving information from,

0:38:100:38:12

from members of the public and also members of his family.

0:38:120:38:14

Unfortunately, the PIRC chose not to do anything about that.

0:38:140:38:17

And, subsequent to that, a few months later, it appeared on the BBC

0:38:170:38:21

about this individual, and it appeared in the newspapers.

0:38:210:38:24

Subsequently, the Lord Advocate directed the PIRC to investigate

0:38:260:38:30

allegations of racism.

0:38:300:38:31

We start with an open mind, to find out whether

0:38:410:38:45

this incident could happen to anyone.

0:38:450:38:48

Regardless of race.

0:38:480:38:50

But then, as time goes on,

0:38:500:38:52

we have got specific information about racist attitudes,

0:38:520:38:58

and that is why we are pointing the finger now on race.

0:38:580:39:02

Because we know - I know -

0:39:040:39:07

through my work and my experience,

0:39:070:39:10

racism doesn't start just like that.

0:39:100:39:14

It builds up. It starts from stereotypes,

0:39:140:39:18

prejudice and then it comes into action.

0:39:180:39:22

If somebody is racist and are now using the uniform,

0:39:220:39:27

which has power, and then now he's using his power, his stereotype,

0:39:270:39:31

his prejudice, and using that as a way of putting his authority,

0:39:310:39:38

stamping his authority on somebody else, that is wrong.

0:39:380:39:42

I believe that, with that behaviour, if somebody has got that behaviour

0:39:430:39:48

they have mentioned to the family members,

0:39:480:39:52

saying that they hate black people, and you've got a black man there,

0:39:520:39:57

what chance have we got?

0:39:570:39:59

What chance did Sheku have?

0:39:590:40:01

-Hands up!

-CROWD:

-Don't shoot!

0:40:010:40:04

-Hands up!

-Don't shoot.

0:40:040:40:06

Black deaths in police custody have been a major flash point in the US

0:40:060:40:11

for the past two years,

0:40:110:40:13

leading to the formation of the Black Lives Matter movement.

0:40:130:40:17

The family are left wondering if events in America at the time

0:40:190:40:23

had an impact on the aftermath of Sheku's death.

0:40:230:40:27

When Shek died,

0:40:280:40:31

that morning,

0:40:310:40:34

they were like... "Holy hell, what we going to do?"

0:40:340:40:38

A black man had died, Ferguson has just happened in America.

0:40:380:40:44

Baltimore is still up and running.

0:40:440:40:46

What the heck are we going to do? What do we say?

0:40:460:40:50

-CROWD:

-Black lives matter!

0:40:500:40:52

Ripples from the Black Lives Matter movement spread to UK cities.

0:40:520:40:59

Black Lives Matter is raising awareness about something

0:40:590:41:02

that has been going on for centuries.

0:41:020:41:04

..to bring to the media!

0:41:040:41:06

They always point the finger of blame on the deceased.

0:41:060:41:09

It's not the deceased that's always at fault.

0:41:090:41:12

-CROWD:

-Black lives matter!

0:41:120:41:15

Look at the people that made this whole situation change,

0:41:150:41:21

and now we have a deceased.

0:41:210:41:25

There are a few bad apples in society.

0:41:250:41:29

We need to get those few bad apples out and shame them.

0:41:290:41:33

And then they might realise that what they were doing was wrong.

0:41:330:41:36

Wow.

0:41:450:41:47

Mmm! Oh, wow!

0:41:490:41:52

Is that good?

0:41:520:41:54

I've kind of hid myself away.

0:41:540:41:56

I'm kind of not going to the shops.

0:41:560:41:59

I don't go anywhere alone.

0:41:590:42:01

I've become a little bit of a recluse. I'm trying to get myself

0:42:030:42:06

back out there and it's just... I feel like when I go out,

0:42:060:42:09

everybody's looking at me and they don't really say anything,

0:42:090:42:13

they're just looking. Especially when I've got Isaac with me.

0:42:130:42:17

It's all finished.

0:42:190:42:21

I don't feel safe.

0:42:210:42:23

I was supposed to have a meeting on the Monday night with the campaign.

0:42:230:42:27

It was the first meeting

0:42:270:42:28

that I was going to be going to for a long time.

0:42:280:42:32

My tyres were slashed.

0:42:320:42:34

And I found it a bit strange that I'd gone quiet

0:42:340:42:37

and not been to any campaign or anything for a while and then,

0:42:370:42:42

as soon as I'd gone to something and I was heading to something else,

0:42:420:42:46

my tyres were slashed.

0:42:460:42:48

Then I couldn't make it to that meeting.

0:42:480:42:51

I don't know who it was. I don't know why.

0:42:510:42:55

There was five other cars parked around me

0:42:550:42:57

and it was only my front and back tyre that was slashed.

0:42:570:43:02

I didn't report it to the police.

0:43:030:43:05

I'm concerned about Isaac.

0:43:090:43:11

His dad was black, Isaac's mixed race. They thought that Shek

0:43:110:43:15

was a terrorist, what are they going to think about Isaac?

0:43:150:43:18

With the PIRC still investigating the case, the family

0:43:230:43:27

are invited to meet the Commissioner, Kate Frame,

0:43:270:43:30

but they leave dissatisfied.

0:43:300:43:33

The second time we met PIRC,

0:43:330:43:35

after all that had happened, we thought,

0:43:350:43:38

what's the point in seeing them again? What's the point?

0:43:380:43:42

I think they're out of their depth.

0:43:420:43:45

It was almost like a stick-on extra after Police Scotland was created.

0:43:450:43:48

And they do not have the resources

0:43:480:43:51

and the facilities, and they've been, again and again,

0:43:510:43:54

been found to be wanting and not having the capability,

0:43:540:43:58

the initiative, the resources

0:43:580:44:00

and robustness to carry out the investigation that is required.

0:44:000:44:05

In response, the PIRC says...

0:44:050:44:08

Although a fatal accident enquiry is normal in the circumstances,

0:44:230:44:27

the family meet the First Minister to ask for a public enquiry

0:44:270:44:31

so wider lessons can be learned.

0:44:310:44:34

'What stood out for me in that meeting was

0:44:340:44:37

'when Kadi spoke to Nicola about how she moved to Scotland,

0:44:370:44:41

'how she brought up her children here,

0:44:410:44:43

'and how her younger brother came to Scotland

0:44:430:44:45

'and she thought he'd be safe.

0:44:450:44:46

'And...

0:44:460:44:49

'Black children growing up in Kirkcaldy always felt welcomed

0:44:490:44:52

'and loved, and made Scotland their home.

0:44:520:44:54

'But the most upsetting part of that meeting was when Kadi said,

0:44:540:44:59

'"I want to leave Scotland."

0:44:590:45:00

'And I could see Nicola was visibly moved and upset,

0:45:000:45:04

'and said that she didn't become First Minister for this to happen

0:45:040:45:07

'on her watch.'

0:45:070:45:09

INDISTINCT CHAT

0:45:250:45:29

In Kirkcaldy, cracks are beginning to appear in the relationship

0:45:290:45:32

between the Bayoh family and Collette.

0:45:320:45:37

-Give Mummy some.

-Where's Mummy's?

-Give Mummy some.

0:45:370:45:41

Just before Christmas, his friends started a fund for his headstone

0:45:410:45:47

as there was no headstone yet.

0:45:470:45:50

We had all decided on a headstone -

0:45:500:45:52

well, I thought we had agreed on the headstone, a black one.

0:45:520:45:56

There was a bit of miscommunication

0:45:560:45:58

about what everybody wanted for the headstone.

0:45:580:46:03

So, basically,

0:46:030:46:05

a stone had been chosen and then they didn't want that one any more.

0:46:050:46:08

The headstone got put down anyway as it had all been written on and

0:46:080:46:12

had been signed for so I put flowers down and then I went on holiday.

0:46:120:46:17

We do appreciate them coming together, raising funds

0:46:200:46:23

to do the headstone,

0:46:230:46:26

which we were involved in, but it seemed like, nearer the time,

0:46:260:46:31

we were just cut out altogether

0:46:310:46:33

and they carried on doing what they wanted to do, which wasn't fair

0:46:330:46:37

on our side.

0:46:370:46:38

And then Jamie had texted me, saying they've taken the stone down.

0:46:410:46:45

Which was really heartbreaking and I felt...

0:46:470:46:51

really disgusted and really hurt by it.

0:46:510:46:54

We are Africans, we do have culture,

0:46:570:47:00

we do have a way that we do things.

0:47:000:47:04

It was something to do with the colour because...

0:47:040:47:08

for a young man, you don't choose black.

0:47:080:47:10

When somebody dies, you see families have arguments,

0:47:130:47:17

you see repercussions, you see blame games.

0:47:170:47:21

In this situation, you've almost had an external process intervene where

0:47:210:47:26

somebody has died, you don't know what's happened,

0:47:260:47:29

you're fighting for justice, you're forced into the public domain,

0:47:290:47:31

you're having to set up a campaign,

0:47:310:47:34

you're in the spotlight and everything is being played out.

0:47:340:47:37

One year on, friends and family gather to remember Sheku.

0:47:440:47:48

It's been a roller-coaster ride for us. We've had our ups and downs.

0:47:550:47:58

It hasn't been easy at all for the family to cope without him.

0:47:580:48:03

We've got no answers and I've got my family life to deal with.

0:48:030:48:08

I've got my work and I've got the campaign.

0:48:080:48:12

I have to fight for justice

0:48:120:48:14

and it seems that we're not getting anywhere. We don't know the truth.

0:48:140:48:19

The PIRC did say that they would put in their reports at the beginning

0:48:210:48:25

of the year and we're into May now and nothing has been done.

0:48:250:48:28

Up until now, we're still waiting for answers.

0:48:280:48:31

We want to know how our brother died.

0:48:310:48:33

We want to know why - what was the motive behind that?

0:48:330:48:37

We want to know his last words,

0:48:370:48:39

so why are we being deprived of all these things?

0:48:390:48:43

Hello.

0:48:460:48:48

A year has gone by now without Sheku in our lives.

0:48:480:48:53

We've all felt the pain.

0:48:530:48:56

It's been a hard struggle.

0:48:560:48:58

-VOICE BREAKING:

-Our lives have changed.

0:49:070:49:10

Our lives have changed.

0:49:200:49:22

Sheku was a lovely boy, a bubbly guy,

0:49:250:49:28

always bringing joy in our lives.

0:49:280:49:31

Whenever my mum comes to Scotland, he's always there.

0:49:310:49:35

We are always together.

0:49:350:49:37

But this time, it's just me in Scotland and...

0:49:370:49:42

the emptiness is there.

0:49:420:49:43

Every day is hard in our lives without him.

0:49:450:49:50

Thank you.

0:49:570:49:59

For Collette, moving to a new house brings some bittersweet memories.

0:50:080:50:13

When I moved into the house,

0:50:130:50:15

it was obviously all new and...

0:50:150:50:19

erm...

0:50:190:50:21

just knowing that I was going to be getting all my things again,

0:50:210:50:25

I was really anxious cos I didn't know how that would make me feel,

0:50:250:50:30

getting all the things that would remind me of Shek

0:50:300:50:33

but actually I found it very comforting.

0:50:330:50:35

And obviously unpacking everything, everything was in twos.

0:50:360:50:42

Like, unpacking Shek's cup and when I got my sofa,

0:50:420:50:45

Shek used to sit at this side so this side all smelled like him

0:50:450:50:49

but I found it actually really comforting.

0:50:490:50:52

I feel like giving up sometimes because of the pressure, the strain

0:50:590:51:04

it's put on me and my family,

0:51:040:51:06

my health, my husband's health.

0:51:060:51:09

Sometimes, you know, I feel like

0:51:090:51:12

giving up and saying, what's the point?

0:51:120:51:15

Will it go the way we want it to go

0:51:150:51:20

or are we just wasting time?

0:51:200:51:22

We are right to keep fighting, at least if not for anything,

0:51:220:51:25

for the kids and for justice

0:51:250:51:28

and the brutality he suffered and everything.

0:51:280:51:32

We really want to keep up the fight but it's just a strain.

0:51:320:51:35

No, we will keep going, we will keep going.

0:51:380:51:41

We will do as much as we could.

0:51:410:51:44

We want to see the end of this.

0:51:440:51:47

Justice needs to be done.

0:51:470:51:49

Somebody needs to be punished for their actions.

0:51:490:51:52

On the 10th August 2016,

0:51:550:51:58

16 months after Sheku's death,

0:51:580:52:01

the PIRC Report is delivered to the Lord Advocate.

0:52:010:52:04

Although that report remains confidential,

0:52:040:52:07

the family meet their lawyer to discuss their next steps.

0:52:070:52:12

How much force was used, how many of them were using the batons on him,

0:52:120:52:19

and at that point, what damage had that caused?

0:52:190:52:22

I think in terms of...

0:52:220:52:25

all the experts who were looking at the question of restraint,

0:52:250:52:29

and the heart basically stopping,

0:52:290:52:32

all of them have considered the drug use,

0:52:320:52:37

they've all considered the restraint techniques,

0:52:370:52:39

they all seem to be pointing in the same direction, that, yes,

0:52:390:52:43

drug use is a major reason but restraint is...

0:52:430:52:49

is a contributory factor in Sheku's death.

0:52:490:52:54

Those who represent the police are always going to argue it's the drugs

0:52:540:52:58

that killed Sheku.

0:52:580:52:59

Our argument is going to be that if Sheku had carried on walking on,

0:52:590:53:05

then the drugs would have started to wear off. Perhaps, we don't know.

0:53:050:53:09

We'll never know. The point being,

0:53:090:53:11

he's not doing anything at that point, so when the police arrive,

0:53:110:53:14

they have to treat appropriately.

0:53:140:53:17

After Friday's meeting with Aamer,

0:53:170:53:20

we felt really upset

0:53:200:53:21

and heartbroken.

0:53:210:53:24

The drug issue upsets us

0:53:260:53:29

really bad and...

0:53:290:53:33

that's what the police are using.

0:53:330:53:36

Whatever the circumstances,

0:53:370:53:40

we believe he would have been here today if they would have taken

0:53:400:53:45

the measures that they were supposed to take.

0:53:450:53:48

So, we're at that stage now that we need to...

0:53:480:53:53

speak to Dr Nat Cary and other experts

0:53:530:53:56

and get further reports on the back of what evidence

0:53:560:54:01

that your legal team has been provided with.

0:54:010:54:04

That meeting was a sweet and sour meeting.

0:54:040:54:09

If you don't have the money, you're not going to get anywhere.

0:54:090:54:12

If you don't get money, if you don't have money to pay for the experts,

0:54:120:54:16

it's a waste of time.

0:54:160:54:18

None of this is going to work.

0:54:180:54:19

All the bills for their side to justify their side of the case

0:54:190:54:23

is paid by the taxpayers.

0:54:230:54:25

The family doesn't have that.

0:54:270:54:28

The Crown Office says...

0:54:300:54:32

INDISTINCT CHAT

0:54:570:55:00

My health has suffered a lot.

0:55:030:55:05

I have been stressed over

0:55:050:55:08

the past years a lot.

0:55:080:55:11

I have been in and out of hospital,

0:55:110:55:13

I'm on medication and I believe

0:55:130:55:16

I'll be on this medication for the rest of my life.

0:55:160:55:20

The family are still trying to grieve. At the same time,

0:55:200:55:24

the family are trying to create awareness of the incident.

0:55:240:55:28

The family becomes the investigators,

0:55:280:55:30

trying to investigate themselves to look for the truth.

0:55:300:55:33

The thing is not to give up, to just keep going.

0:55:330:55:35

It's extremely hard but we just have to keep going because we want

0:55:350:55:39

answers and we want the truth.

0:55:390:55:42

As 2016 turns to 2017,

0:55:450:55:49

the family's lawyer arrives with some news.

0:55:490:55:53

We are intending to launch a civil action against Police Scotland

0:55:530:55:57

for what happened to Sheku that day.

0:55:570:56:00

That will mean that we are able

0:56:000:56:02

to ask the questions that we want to ask.

0:56:020:56:04

How it came to be that he was handcuffed, ankle cuffed,

0:56:040:56:08

you know, leg restraints, face down on the floor.

0:56:080:56:12

What went on? Was it excessive violence that was used?

0:56:120:56:16

Fundamental question -

0:56:160:56:18

why did police officers feel the need to have this treatment of Sheku

0:56:180:56:22

that day, and did it result in the death?

0:56:220:56:25

Now, that's all areas that will arise in a potential civil action

0:56:250:56:29

but we've got a very senior counsel, an advocate who's very experienced,

0:56:290:56:34

who's worked both as Crown counsel, as a prosecutor,

0:56:340:56:37

but also deals with civil actions, so I think this year,

0:56:370:56:40

within the next few months, we're looking at a major shift

0:56:400:56:43

in the direction that we're going in, rather than just sitting,

0:56:430:56:47

waiting for them to do something,

0:56:470:56:49

so it's a question of what we are going to do next.

0:56:490:56:53

We want justice to be done, we want to know the truth,

0:56:530:56:57

we want to know what happened to our brother, so we do welcome that.

0:56:570:57:01

We were basically worn down with the past six months of just negativity,

0:57:010:57:08

going through and the delay

0:57:080:57:10

and this is a real welcome boost for the family.

0:57:100:57:15

Mum will be happy that something is being done,

0:57:150:57:19

something is going to be done.

0:57:190:57:21

If Shek had not met the police

0:57:330:57:36

or had not come in contact with the police that day,

0:57:360:57:38

will he be alive or will he still be dead?

0:57:380:57:42

I believe he will still be alive.

0:57:420:57:44

I loved him more...

0:57:440:57:46

regardless of what he had done.

0:57:460:57:49

Erm...

0:57:490:57:51

and I still thought, taking drugs doesn't warrant you being killed.

0:57:510:57:56

The bottom line is, if they had left Sheku to walk down the street,

0:57:560:58:01

if they hadn't met with Sheku,

0:58:010:58:04

would he have just walked down and died on the street on his own,

0:58:040:58:07

or would he have just sat in his house and died on his own?

0:58:070:58:11

That's where the question is.

0:58:110:58:14

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