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When Shek died, | 0:00:02 | 0:00:04 | |
that morning, | 0:00:04 | 0:00:06 | |
they were like, "Holy hell, | 0:00:06 | 0:00:09 | |
"what are we going to do?" | 0:00:09 | 0:00:11 | |
A black man had died. | 0:00:11 | 0:00:13 | |
Ferguson has just happened in America. | 0:00:13 | 0:00:16 | |
-Hands up! -Don't shoot! | 0:00:16 | 0:00:18 | |
Baltimore is still up and running. | 0:00:18 | 0:00:20 | |
What the heck are we going to do? | 0:00:22 | 0:00:25 | |
I've waited for someone like Shek | 0:00:25 | 0:00:27 | |
for such a long time and he's just taken away from me. | 0:00:27 | 0:00:31 | |
We were looking forward to so much together. | 0:00:32 | 0:00:35 | |
We're gathered outside Kirkcaldy police station because | 0:00:38 | 0:00:42 | |
five weeks ago, on Sunday the 3rd of May, | 0:00:42 | 0:00:45 | |
Sheku Bayoh came into contact with nine police officers | 0:00:45 | 0:00:48 | |
from Kirkcaldy police station. | 0:00:48 | 0:00:51 | |
Within the space of 15 minutes, he lost consciousness | 0:00:51 | 0:00:54 | |
and was officially pronounced dead at Victoria Hospital. | 0:00:54 | 0:00:59 | |
The coastal town of Kirkcaldy in Fife is home to Kadi Johnson, | 0:01:19 | 0:01:23 | |
her husband Ade and their two daughters. | 0:01:23 | 0:01:26 | |
With its small but growing black community, | 0:01:29 | 0:01:32 | |
they embraced the town when they first moved here. | 0:01:32 | 0:01:35 | |
So much so that 14 years ago, Kadi asked her younger brother Sheku | 0:01:35 | 0:01:39 | |
to move from London to join them when he was 17 years old. | 0:01:39 | 0:01:44 | |
We wanted him here to be close to us, maybe because I was looking for, | 0:01:45 | 0:01:51 | |
you know, another young man next by me, sporty, doing stuff. | 0:01:51 | 0:01:57 | |
Shek is a good boy. | 0:01:57 | 0:02:00 | |
He loved his friends, he loved his family. | 0:02:00 | 0:02:04 | |
And he loved his two children. | 0:02:04 | 0:02:06 | |
Shek was a fun-loving, larger-than-life guy. | 0:02:06 | 0:02:09 | |
He was always singing, always dancing, | 0:02:09 | 0:02:11 | |
always having fun around the house. | 0:02:11 | 0:02:15 | |
He was just such a kind, caring gentleman, | 0:02:15 | 0:02:17 | |
who would do anything for anybody. | 0:02:17 | 0:02:20 | |
Being around him sometimes was just like being around a force of nature. | 0:02:20 | 0:02:24 | |
He was just such an animated and... | 0:02:24 | 0:02:26 | |
Er... | 0:02:27 | 0:02:29 | |
You know, he was just so alive, really. | 0:02:31 | 0:02:34 | |
But I don't ever recall being unhappy around him. | 0:02:36 | 0:02:39 | |
He was a youth leader in the community. | 0:02:40 | 0:02:43 | |
Shek had given talks to the police, | 0:02:43 | 0:02:46 | |
to police officers, when he was young. | 0:02:46 | 0:02:48 | |
You know, he has done work with the Prince's Trust, | 0:02:48 | 0:02:51 | |
apprenticeship with Fife Council. | 0:02:51 | 0:02:53 | |
He called me his princess and he treated me like one. | 0:02:55 | 0:02:57 | |
He was just a true gentleman. | 0:02:57 | 0:02:59 | |
I couldn't have asked for a better guy. | 0:02:59 | 0:03:02 | |
I had a birthday party on the 2nd of May for my daughter. | 0:03:11 | 0:03:14 | |
She was seven, turning seven at the time. | 0:03:14 | 0:03:17 | |
Sheku joined us about half past five or so, he joined us. | 0:03:23 | 0:03:28 | |
As normal, he came in with a birthday present for my daughter. | 0:03:31 | 0:03:35 | |
All the children were happy to see him. | 0:03:37 | 0:03:39 | |
He was having a laugh with them. | 0:03:39 | 0:03:41 | |
He came in, met all of the family members, friends, | 0:03:43 | 0:03:47 | |
and as the evening went on, people started coming, | 0:03:47 | 0:03:51 | |
my friends from Edinburgh, Glasgow and around Kirkcaldy. | 0:03:51 | 0:03:55 | |
They came, they joined us. | 0:03:55 | 0:03:57 | |
We had plenty to eat. | 0:03:59 | 0:04:01 | |
There was plenty food, plenty drinks. | 0:04:01 | 0:04:04 | |
He helped serve the guests. | 0:04:04 | 0:04:06 | |
He was talking, laughing, making jokes. | 0:04:08 | 0:04:11 | |
Then, as the evening went on, at about nine or just after nine, | 0:04:24 | 0:04:29 | |
his friend Zahid came. | 0:04:29 | 0:04:31 | |
Zahid came, he aids us, as he usually does, | 0:04:31 | 0:04:34 | |
because he's part of us, too, you know. | 0:04:34 | 0:04:37 | |
And after that, they said they are leaving, | 0:04:41 | 0:04:45 | |
they are going out to get ready for the boxing, | 0:04:45 | 0:04:48 | |
because the boxing was on that night. | 0:04:48 | 0:04:51 | |
One thing Sheku did when he was leaving, | 0:04:51 | 0:04:53 | |
he gave everybody a hug and a kiss. | 0:04:53 | 0:04:56 | |
Every single person, before he left and that's... | 0:04:56 | 0:05:01 | |
He doesn't usually do that. | 0:05:01 | 0:05:03 | |
12 hours later, Sheku Bayoh lay dead in Kirkcaldy's Victoria Hospital, | 0:05:05 | 0:05:10 | |
where Kadi worked as a nurse. | 0:05:10 | 0:05:12 | |
This film follows the family over 20 months as they try to find out | 0:05:13 | 0:05:18 | |
what happened, and ask questions of Scotland's legal institutions. | 0:05:18 | 0:05:22 | |
I was staying at Mum's, | 0:05:38 | 0:05:40 | |
only because he had said that he was going to invite a few friends round | 0:05:40 | 0:05:44 | |
that night. The plan was just he would have his guy time, | 0:05:44 | 0:05:48 | |
I would go to Mum's, and stay there for the night. | 0:05:48 | 0:05:51 | |
On the morning of the 3rd, | 0:05:53 | 0:05:54 | |
I got a phone call at about half past six from Zahid, saying | 0:05:54 | 0:05:59 | |
for me to phone him as soon as possible, | 0:05:59 | 0:06:01 | |
and I thought that was very strange. | 0:06:01 | 0:06:02 | |
He was just like, "Don't panic, don't panic, don't worry. | 0:06:02 | 0:06:05 | |
"Shek's just... We've just had a fight. | 0:06:07 | 0:06:10 | |
"He just started beating me up and... | 0:06:10 | 0:06:14 | |
"but he's all right and I'm OK and..." | 0:06:14 | 0:06:16 | |
And I was like, "What's happened now?" | 0:06:16 | 0:06:19 | |
And he was like, "Just don't go home. He's not himself." | 0:06:19 | 0:06:21 | |
So I just got dressed and went straight home. | 0:06:23 | 0:06:27 | |
I think that was about quarter past seven. | 0:06:30 | 0:06:34 | |
I got to the house, I opened the front door - | 0:06:36 | 0:06:39 | |
the front door was locked. | 0:06:39 | 0:06:40 | |
I went through and as I went through, the kitchen door was open. | 0:06:40 | 0:06:45 | |
And I looked in the kitchen and he wasn't there, so then | 0:06:47 | 0:06:50 | |
I started shouting on him. | 0:06:50 | 0:06:51 | |
Then I was getting really worried. | 0:06:53 | 0:06:55 | |
I tried phoning him and then I seen | 0:06:55 | 0:06:57 | |
that his phone was in the corner of the kitchen. | 0:06:57 | 0:06:59 | |
The way the kitchen was, like, | 0:07:01 | 0:07:03 | |
he had jackets on the kitchen floor | 0:07:03 | 0:07:05 | |
and I thought, that's really strange - | 0:07:05 | 0:07:07 | |
like, Shek was a really clean person. | 0:07:07 | 0:07:09 | |
He was always tidy. He wouldn't have anything messy so I thought the fact | 0:07:09 | 0:07:13 | |
that his jackets were on the floor was very, very strange as well. | 0:07:13 | 0:07:17 | |
Nothing had ever happened like that before. | 0:07:18 | 0:07:21 | |
Shek hadn't even ever been in a fight, | 0:07:21 | 0:07:24 | |
so for Zahid to phone me and say that they had been in a fight | 0:07:24 | 0:07:27 | |
was all very strange. I just didn't know what was going on. | 0:07:27 | 0:07:31 | |
Sheku and Collette had been together for just over two and a half years. | 0:07:36 | 0:07:41 | |
Their son Isaac was three months old when his dad died. | 0:07:41 | 0:07:44 | |
Sheku's first son from a previous relationship, Tyler, | 0:07:47 | 0:07:50 | |
was three years old at the time. | 0:07:50 | 0:07:52 | |
I phoned the police and I reported him missing. | 0:07:54 | 0:07:57 | |
I went, picked Mum up, got Isaac. | 0:07:57 | 0:08:00 | |
As I drew up to my house, there was a police car and four officers. | 0:08:00 | 0:08:05 | |
Two policeman came into my living room. | 0:08:05 | 0:08:07 | |
One went straight upstairs, didn't ask, | 0:08:07 | 0:08:09 | |
just went straight upstairs and one went into the kitchen and then I | 0:08:09 | 0:08:13 | |
didn't see that officer again. | 0:08:13 | 0:08:15 | |
It was very odd. | 0:08:17 | 0:08:18 | |
Erm... | 0:08:18 | 0:08:21 | |
And then I had to feed Isaac, | 0:08:21 | 0:08:23 | |
so then I went upstairs and started feeding Isaac in his room | 0:08:23 | 0:08:26 | |
and Mum was looking out the window, and she said, | 0:08:26 | 0:08:29 | |
"Oh, there's a police van turned up now and there's a sniffer dog | 0:08:29 | 0:08:32 | |
"in your garden." And I was like, | 0:08:32 | 0:08:34 | |
there's something really not right there. | 0:08:34 | 0:08:36 | |
We were home, just having a lazy day | 0:08:41 | 0:08:43 | |
and then at about three o'clock in the afternoon, | 0:08:43 | 0:08:47 | |
two police officers called in to my house wearing plain clothes. | 0:08:47 | 0:08:52 | |
And they said, | 0:08:55 | 0:08:58 | |
"There's no easy way to say this, | 0:08:58 | 0:08:59 | |
"but I just want to tell you that he has passed away." | 0:08:59 | 0:09:02 | |
And that was devastating news for me. | 0:09:03 | 0:09:09 | |
I was asking the questions about, you know, "How did he die? | 0:09:12 | 0:09:16 | |
"Was he attacked?" And they said no. | 0:09:16 | 0:09:19 | |
"Was he stabbed?" | 0:09:19 | 0:09:20 | |
They said no and I was like, | 0:09:20 | 0:09:22 | |
"So what killed him?" | 0:09:22 | 0:09:25 | |
And then the officers said to us they didn't know. | 0:09:25 | 0:09:28 | |
A member of the public saw him lying on the side of the road, | 0:09:28 | 0:09:32 | |
called an ambulance, and the ambulance picked him up. | 0:09:32 | 0:09:35 | |
On the way to the hospital, he died. | 0:09:35 | 0:09:39 | |
Then when we go to the police station and they say, | 0:09:40 | 0:09:43 | |
"There's been a body found." | 0:09:43 | 0:09:45 | |
Although I've been saying "Is he dead, is he dead?" | 0:09:47 | 0:09:49 | |
I don't believe it. | 0:09:49 | 0:09:52 | |
In shock, I'm asking, "Is he... | 0:09:52 | 0:09:55 | |
"Is he hurt? Is he stabbed?" | 0:09:55 | 0:09:57 | |
And their reply to that was, "We don't know. Nothing obvious. | 0:09:58 | 0:10:02 | |
"Nothing that we can see." | 0:10:02 | 0:10:03 | |
And we asked, "How did he die?" | 0:10:05 | 0:10:08 | |
And they said, "We don't know but we are looking for two guys." | 0:10:08 | 0:10:11 | |
And I was like, we need to find out how come the stories | 0:10:18 | 0:10:20 | |
are not the same and I said, "So, who's your gaffer?" | 0:10:20 | 0:10:23 | |
And I said, "Well, can you tell him that Ade... | 0:10:25 | 0:10:28 | |
"Ask him to come to my house." | 0:10:28 | 0:10:30 | |
Within the hour, | 0:10:30 | 0:10:32 | |
a senior officer from Police Scotland arrives at the house. | 0:10:32 | 0:10:35 | |
We got as many families in from Edinburgh, from all over Fife. | 0:10:37 | 0:10:43 | |
There are a lot of people in the room. | 0:10:43 | 0:10:46 | |
And I said to him, "These are all family members, | 0:10:46 | 0:10:49 | |
"so we just want to know what really happened. So tell us what you know." | 0:10:49 | 0:10:53 | |
And he started a different path of story. | 0:10:54 | 0:10:59 | |
His story was so different from the ones we've had and he was the one | 0:10:59 | 0:11:03 | |
that said to us that a call came in that | 0:11:03 | 0:11:08 | |
a black male was wielding a machete in the middle of the street. | 0:11:08 | 0:11:12 | |
Six officers were first on the scene, according to him, he said, | 0:11:12 | 0:11:16 | |
the six officers approached him, they tried to engage with him, | 0:11:16 | 0:11:20 | |
he refused to engage with the officers. | 0:11:20 | 0:11:23 | |
He was wielding the machete and then... | 0:11:23 | 0:11:28 | |
And then he said they pepper-sprayed him. | 0:11:28 | 0:11:31 | |
And then he lashed out, kicking a policewoman - his exact words - | 0:11:33 | 0:11:38 | |
kicking a policewoman. | 0:11:38 | 0:11:39 | |
She fell to the floor, | 0:11:39 | 0:11:41 | |
he stamped on her head on the floor | 0:11:41 | 0:11:44 | |
and he was kicking her head on the floor. | 0:11:44 | 0:11:47 | |
And I said to him, "OK, you said a black male was wielding a machete | 0:11:47 | 0:11:53 | |
"in the middle of the road." | 0:11:53 | 0:11:54 | |
Which sounds like the Woolwich stuff. | 0:11:54 | 0:11:58 | |
I said, "Do you have the machete in... | 0:11:58 | 0:12:00 | |
"Do you have the machete now?" | 0:12:00 | 0:12:02 | |
He said, "No, it's a knife." | 0:12:02 | 0:12:03 | |
I said, "Do you have a knife? | 0:12:03 | 0:12:05 | |
"You said a machete, now we're moving to a knife." | 0:12:05 | 0:12:08 | |
He said, "Yeah, yeah. It's a knife." | 0:12:08 | 0:12:10 | |
The bombshell came when he said - oh, what he had said, | 0:12:11 | 0:12:14 | |
we should keep it within these walls. | 0:12:14 | 0:12:17 | |
We should not speak to the media. | 0:12:17 | 0:12:20 | |
We should not go on Facebook, on social media. | 0:12:20 | 0:12:23 | |
Then we were like, uh-oh, something was wrong. | 0:12:23 | 0:12:26 | |
By 7:00pm, | 0:12:26 | 0:12:28 | |
Police Scotland confirmed that a 31-year-old man died and a female | 0:12:28 | 0:12:32 | |
police officer was injured in the incident. | 0:12:32 | 0:12:35 | |
Fife Divisional Commander Chief Superintendent Gary McEwan said... | 0:12:35 | 0:12:40 | |
This does little to calm the concerns within the family | 0:12:49 | 0:12:52 | |
about what happened to Sheku. | 0:12:52 | 0:12:54 | |
I believe the very first time they came to my house, | 0:13:20 | 0:13:23 | |
they knew exactly what happened. | 0:13:23 | 0:13:25 | |
You can't come and tell me one thing, | 0:13:27 | 0:13:29 | |
the next minute you're telling me another thing. | 0:13:29 | 0:13:31 | |
How do you expect me to believe that? | 0:13:31 | 0:13:34 | |
Which one of these stories is right? | 0:13:34 | 0:13:36 | |
As is practise in serious incidents involving the police, | 0:13:37 | 0:13:41 | |
the Crown Office calls in | 0:13:41 | 0:13:42 | |
the Police Investigations and Review Commissioner, the PIRC. | 0:13:42 | 0:13:46 | |
Their team is on the scene within hours of Sheku's death. | 0:13:46 | 0:13:50 | |
We've put our faith in the PIRC to do a full investigation. | 0:13:51 | 0:13:56 | |
And we believe that we will get the truth. | 0:13:57 | 0:14:03 | |
We believe, cos we've put our faith in the PIRC. | 0:14:03 | 0:14:06 | |
You got that letter from the Lord Advocate? | 0:14:10 | 0:14:12 | |
On Monday, confused by the conflicting stories | 0:14:12 | 0:14:15 | |
they are getting, | 0:14:15 | 0:14:17 | |
the family contact lawyer Aamer Anwar. | 0:14:17 | 0:14:21 | |
Within 24 hours of Sheku having died, | 0:14:21 | 0:14:25 | |
the whole family came to see me. | 0:14:25 | 0:14:28 | |
There was Ade, it was Sheku's sister, | 0:14:28 | 0:14:30 | |
it was Collette, it was other family members, | 0:14:30 | 0:14:34 | |
must have been about 11 people. | 0:14:34 | 0:14:38 | |
The family were very respectable. | 0:14:38 | 0:14:39 | |
They were middle class. | 0:14:39 | 0:14:42 | |
Intelligent. They appeared to be asking the right questions, | 0:14:42 | 0:14:46 | |
their questions were focused but, obviously, they were upset | 0:14:46 | 0:14:49 | |
and simmering underneath that was anger. | 0:14:49 | 0:14:52 | |
The family simply asked for answers for what happened that morning. | 0:15:04 | 0:15:08 | |
Sheku Bayoh's family say that without the word truth, | 0:15:08 | 0:15:12 | |
there can be no justice. | 0:15:12 | 0:15:14 | |
I would like everybody in respect of Sheku Bayoh, | 0:15:14 | 0:15:20 | |
for two minutes' silence | 0:15:20 | 0:15:23 | |
to start. Thank you. | 0:15:23 | 0:15:25 | |
The family of a man who died in police custody in Fife | 0:15:40 | 0:15:43 | |
earlier this month, are seeking the truth about what happened to him. | 0:15:43 | 0:15:46 | |
The family of Sheku Bayoh gathered this morning | 0:15:46 | 0:15:49 | |
for an emotional press conference. | 0:15:49 | 0:15:50 | |
The first press conference was on May the 14th, | 0:15:50 | 0:15:53 | |
so there had been just under two weeks | 0:15:53 | 0:15:56 | |
had been given to the PIRC and to Police Scotland | 0:15:56 | 0:16:01 | |
and to the Crown Office to respond. | 0:16:01 | 0:16:04 | |
The family had growing concerns that | 0:16:04 | 0:16:07 | |
things were not going well and they realised | 0:16:07 | 0:16:10 | |
they need to put pressure on. | 0:16:10 | 0:16:12 | |
Because it's quite clear that unless the spotlight is put on, | 0:16:12 | 0:16:18 | |
unfortunately, these things tend to disappear. | 0:16:18 | 0:16:21 | |
And that, normally for families, | 0:16:21 | 0:16:24 | |
unfortunately, stinks of a cover-up. | 0:16:24 | 0:16:27 | |
I want to know the whole truth of the circumstances surrounding | 0:16:29 | 0:16:32 | |
his death, so that one day I can explain to my son, Isaac Bayoh, | 0:16:32 | 0:16:36 | |
why he has had to grow up without his daddy. | 0:16:36 | 0:16:39 | |
Soon after the press conference, | 0:16:41 | 0:16:43 | |
a statement on behalf of the Police Federation, | 0:16:43 | 0:16:46 | |
which represents police officers, is made. | 0:16:46 | 0:16:49 | |
To say that Shek was very large, I was like, "Is this a joke?" | 0:17:03 | 0:17:07 | |
He's not very large. | 0:17:07 | 0:17:09 | |
And to portray him to be violent, | 0:17:09 | 0:17:13 | |
I just felt they were trying to make him out to be this big, terrible, | 0:17:13 | 0:17:19 | |
ugly monster, which was... | 0:17:19 | 0:17:21 | |
It was far from the truth. | 0:17:21 | 0:17:23 | |
By this stage, piecing together different accounts, | 0:17:27 | 0:17:30 | |
the lawyer begins to establish another version of the events | 0:17:30 | 0:17:34 | |
leading to Sheku's death. | 0:17:34 | 0:17:36 | |
The police received reports about quarter past seven | 0:17:45 | 0:17:49 | |
of a black male walking down the street, acting erratically. | 0:17:49 | 0:17:54 | |
Some reports of him carrying a knife. Sheku. | 0:17:54 | 0:17:58 | |
Police cars were dispatched. | 0:18:02 | 0:18:04 | |
The first two male officers to arrive on the scene approach Sheku. | 0:18:04 | 0:18:07 | |
He wasn't brandishing a knife. | 0:18:07 | 0:18:09 | |
He wasn't carrying a knife. | 0:18:09 | 0:18:11 | |
The first officer pulled out his CS spray. Discharged it at Sheku. | 0:18:12 | 0:18:16 | |
This CS spray, it's claimed, disorientated the officer, | 0:18:16 | 0:18:20 | |
flew back in his own face. | 0:18:20 | 0:18:22 | |
The other officer then used his spray. | 0:18:22 | 0:18:24 | |
Sheku appears to try and walk away. | 0:18:24 | 0:18:28 | |
Two other officers arrive, a male and female officer, | 0:18:28 | 0:18:31 | |
the male officer also discharged his CS spray. | 0:18:31 | 0:18:35 | |
He also uses his baton. | 0:18:35 | 0:18:37 | |
There was a scuffle. | 0:18:37 | 0:18:41 | |
Sheku is alleged to have attacked the female officer. | 0:18:41 | 0:18:44 | |
Within 30 seconds of their first contact with Sheku, | 0:18:44 | 0:18:48 | |
he is brought down to the ground. | 0:18:48 | 0:18:50 | |
This female officer is able to get up and walk away. | 0:18:50 | 0:18:54 | |
Within a minute, a minute and a half, officers are holding him down. | 0:18:54 | 0:18:58 | |
He has leg restraints, | 0:18:58 | 0:19:01 | |
ankle restraints and handcuffs applied to him. | 0:19:01 | 0:19:06 | |
Within two minutes or so, he's lost consciousness, | 0:19:06 | 0:19:08 | |
never to regain consciousness again. | 0:19:08 | 0:19:10 | |
The Police Investigations and Review Commissioner | 0:19:18 | 0:19:22 | |
was established in 2013 | 0:19:22 | 0:19:24 | |
as a response to the creation of Police Scotland. | 0:19:24 | 0:19:27 | |
The team is made up of a small group of investigators, | 0:19:27 | 0:19:30 | |
under the leadership of Commissioner Kate Frame. | 0:19:30 | 0:19:34 | |
About 50% of the investigating team are former police officers. | 0:19:34 | 0:19:38 | |
The Sheku Bayoh case is one of their first major tests. | 0:19:38 | 0:19:43 | |
Within the first 48 hours, the PIRC advise the family | 0:19:43 | 0:19:46 | |
that police officers had refused | 0:19:46 | 0:19:48 | |
to provide statements to their investigating officers. | 0:19:48 | 0:19:51 | |
That caused great concern, it caused shock. | 0:19:51 | 0:19:53 | |
These nine officers, within a few hours of Sheku's death, | 0:19:53 | 0:19:56 | |
are allowed to return to the police station, | 0:19:56 | 0:19:58 | |
are kept in the same room as each other, | 0:19:58 | 0:20:01 | |
yet the investigating officers are not allowed to even speak to them, | 0:20:01 | 0:20:04 | |
are not even allowed to take statements from them and then | 0:20:04 | 0:20:06 | |
it takes the family to campaign | 0:20:06 | 0:20:08 | |
and to raise this issue day in, day out, until 32 days later, | 0:20:08 | 0:20:13 | |
the PIRC are then successful | 0:20:13 | 0:20:15 | |
in getting statements from the police officers. | 0:20:15 | 0:20:17 | |
Why were they not suspended without prejudice and given an order that | 0:20:17 | 0:20:21 | |
they must not speak to each other? | 0:20:21 | 0:20:23 | |
On the 5th of June 2015, the PIRC issues a statement. | 0:20:24 | 0:20:29 | |
While the PIRC presses ahead with the investigation, | 0:20:41 | 0:20:46 | |
the family commissions independent experts of its own. | 0:20:46 | 0:20:50 | |
We instructed Dr Nat Cary, | 0:20:53 | 0:20:56 | |
one of the UK's foremost forensic pathologists, | 0:20:56 | 0:21:00 | |
and he's the foremost expert on positional asphyxiation, | 0:21:00 | 0:21:04 | |
which is one of the issues that was being looked into, | 0:21:04 | 0:21:07 | |
whether Sheku Bayoh died because of asphyxiation. | 0:21:07 | 0:21:10 | |
We felt suspicious, because... | 0:21:21 | 0:21:24 | |
the day he passed away, we had those different stories, so from then on, | 0:21:24 | 0:21:29 | |
the trust was out of the window. | 0:21:29 | 0:21:31 | |
They asked us that same night to go and identify the body. | 0:21:33 | 0:21:36 | |
My mother was in London. | 0:21:36 | 0:21:38 | |
We were arranging for her to come up the next day and we did say to them | 0:21:38 | 0:21:41 | |
that as soon as she comes, we'll let them know and we'll make | 0:21:41 | 0:21:46 | |
the arrangements to go and view the body first, | 0:21:46 | 0:21:49 | |
before the postmortem was carried out. And they agreed. | 0:21:49 | 0:21:53 | |
The postmortem takes place without their knowledge | 0:21:54 | 0:21:57 | |
and before the family can see Sheku's body. | 0:21:57 | 0:22:01 | |
That's a bit... You know, that was hurtful. | 0:22:01 | 0:22:05 | |
Maybe they didn't care about our feelings. | 0:22:05 | 0:22:08 | |
In the immediate aftermath of the incident, | 0:22:12 | 0:22:15 | |
pathologists are unable to provide a conclusive cause of death. | 0:22:15 | 0:22:19 | |
Five weeks after his death, and with many questions still unanswered, | 0:22:30 | 0:22:36 | |
Sheku Bayoh is finally laid to rest. | 0:22:36 | 0:22:39 | |
To the family of the late Sheku Bayoh, | 0:22:48 | 0:22:51 | |
and friends, to all of you here, | 0:22:51 | 0:22:56 | |
I bring | 0:22:56 | 0:22:57 | |
condolences and sorrows from our president, | 0:22:57 | 0:23:02 | |
Dr Ernest Bai Koroma and the people of Sierra Leone. | 0:23:02 | 0:23:06 | |
So sorry about this incident. | 0:23:06 | 0:23:08 | |
Brother Sheku, he's left this world. | 0:23:11 | 0:23:13 | |
He's left us a reminder that one day | 0:23:13 | 0:23:16 | |
we will also go on this journey and the question we have to all ask, | 0:23:16 | 0:23:20 | |
"What am I taking with me?" | 0:23:20 | 0:23:22 | |
Because nobody takes nothing from this world. | 0:23:22 | 0:23:25 | |
And the only thing that's going to go with you is your deeds, | 0:23:25 | 0:23:29 | |
good or bad. | 0:23:29 | 0:23:30 | |
To be honest, I felt like I was burying myself. | 0:23:35 | 0:23:38 | |
Shek was not just a friend. | 0:23:42 | 0:23:44 | |
He was a brother to me. | 0:23:46 | 0:23:48 | |
Family. I wish I could just take back time. | 0:23:48 | 0:23:51 | |
I couldn't really hold it in any more. It was just... | 0:24:02 | 0:24:05 | |
incredible sadness | 0:24:05 | 0:24:08 | |
and there was no way of stopping... just really emotional. | 0:24:08 | 0:24:11 | |
But I guess it's because we were really saying goodbye. | 0:24:15 | 0:24:18 | |
The family decides to launch a wider campaign and seeks advice from other | 0:24:54 | 0:24:59 | |
families whose loved ones have died in police custody. | 0:24:59 | 0:25:02 | |
There's families from England who have been struggling for years | 0:25:04 | 0:25:06 | |
because their brothers, their sons, died in police custody. | 0:25:06 | 0:25:09 | |
Some of those families were instrumental in forcing | 0:25:09 | 0:25:12 | |
the Home Secretary to order an independent review into deaths | 0:25:12 | 0:25:15 | |
in custodies in England and Wales. | 0:25:15 | 0:25:17 | |
Marcia Rigg's brother Sean died in Brixton police station in 2008. | 0:25:19 | 0:25:24 | |
I'll tell you a little bit more about Sean's case, | 0:25:25 | 0:25:28 | |
which was similar to some of the things mentioned earlier on... | 0:25:28 | 0:25:33 | |
Following an initial investigation | 0:25:33 | 0:25:35 | |
by the Independent Police Complaints Commission | 0:25:35 | 0:25:38 | |
in England that cleared police, an inquest jury found unsuitable force | 0:25:38 | 0:25:43 | |
had been used in Sean's arrest. | 0:25:43 | 0:25:46 | |
We found that they were lying in every part. | 0:25:46 | 0:25:49 | |
Everything they told us wasn't true. | 0:25:49 | 0:25:51 | |
And we had to meticulously go through the CCTV. | 0:25:51 | 0:25:55 | |
The place was full of CCTV but nothing works. | 0:25:55 | 0:25:58 | |
Even the hospital. It's a brand-new hospital. | 0:25:58 | 0:26:01 | |
It's a year-old hospital. | 0:26:01 | 0:26:02 | |
The CCTV in the A&E is not working. | 0:26:02 | 0:26:06 | |
We were able to view the CCTV as a family. The family were allowed. | 0:26:06 | 0:26:11 | |
But we brought other people with us, so we had our | 0:26:11 | 0:26:14 | |
legal team, a solicitor, | 0:26:14 | 0:26:16 | |
and we brought one or two friends | 0:26:16 | 0:26:18 | |
so that when we were watching it, people, different people | 0:26:18 | 0:26:22 | |
would pick up different things. | 0:26:22 | 0:26:24 | |
Because we weren't allowed to take the CCTV with us, | 0:26:24 | 0:26:27 | |
and we watched it... | 0:26:27 | 0:26:28 | |
And it was the raw deal. | 0:26:28 | 0:26:31 | |
And so we remembered certain things that we'd seen and heard because it | 0:26:31 | 0:26:35 | |
was all so out of order. | 0:26:35 | 0:26:38 | |
When you hear from Marcia, | 0:26:38 | 0:26:40 | |
it does let us know that we are not | 0:26:40 | 0:26:42 | |
the only family that's going through | 0:26:42 | 0:26:44 | |
what we are going through. | 0:26:44 | 0:26:45 | |
They have been through it. | 0:26:45 | 0:26:47 | |
And with us sharing the grief, it does help us, in a way. | 0:26:47 | 0:26:51 | |
But we still don't know the truth and we need more information. | 0:26:51 | 0:26:54 | |
But talking to them does help a lot, so we know what to expect, | 0:26:54 | 0:26:58 | |
what to look for, how to prepare ourselves. | 0:26:58 | 0:27:01 | |
You will get the truth. | 0:27:01 | 0:27:02 | |
The medical evidence, his body, the photographs, | 0:27:02 | 0:27:07 | |
the autopsy pictures and so forth. | 0:27:07 | 0:27:09 | |
You will get the truth of how he died. | 0:27:09 | 0:27:12 | |
If you get... | 0:27:12 | 0:27:14 | |
justice afterwards, you're going to have to really fight for that. | 0:27:14 | 0:27:17 | |
But you will find out how he died. | 0:27:17 | 0:27:19 | |
We just have to three be strong as sisters now. | 0:27:19 | 0:27:23 | |
And, you know, work as a team for our mother and for the two boys. | 0:27:23 | 0:27:28 | |
We know it's not going to be easy. We know it's going to be tough. | 0:27:28 | 0:27:31 | |
But with their support and the strength they've given us, | 0:27:31 | 0:27:36 | |
we will be able to move on. | 0:27:36 | 0:27:38 | |
If they didn't do anything wrong... | 0:27:38 | 0:27:40 | |
-The pain is not knowing. -Yeah. | 0:27:40 | 0:27:42 | |
That's what would make us keep up the fight. | 0:27:42 | 0:27:46 | |
Because we don't know. | 0:27:46 | 0:27:47 | |
Encouraged, the family launch a series of events to raise awareness. | 0:27:47 | 0:27:53 | |
-CROWD: -Sheku Bayoh! | 0:27:53 | 0:27:56 | |
The campaign is going good. | 0:27:56 | 0:27:58 | |
The campaign is really important. | 0:27:58 | 0:28:01 | |
I find it difficult | 0:28:01 | 0:28:03 | |
because I'm trying to grieve for him but then I'm always busy, | 0:28:03 | 0:28:07 | |
I'm always going here, there and everywhere, | 0:28:07 | 0:28:10 | |
doing everything. But I know it's so important. | 0:28:10 | 0:28:13 | |
-CROWD: -Sheku Bayoh! | 0:28:13 | 0:28:15 | |
I don't feel like we're ever going to get the justice, although we're | 0:28:15 | 0:28:19 | |
fighting for the justice, I don't know if we're ever going to get it. | 0:28:19 | 0:28:23 | |
Where's your legs...? | 0:28:24 | 0:28:27 | |
But having moved in with her mum and dealing with new motherhood, | 0:28:27 | 0:28:30 | |
Collette is finding it hard to maintain her presence at meetings. | 0:28:30 | 0:28:34 | |
Losing Shek...how I did, is difficult. | 0:28:36 | 0:28:42 | |
Erm... | 0:28:42 | 0:28:44 | |
I don't like to think of him like that. | 0:28:44 | 0:28:47 | |
Every time we do a campaign, it's... | 0:28:47 | 0:28:51 | |
You're reminded of the pain that he went through. | 0:28:51 | 0:28:54 | |
It's hard. | 0:28:54 | 0:28:56 | |
I need to just find strength to be able to carry on. | 0:28:59 | 0:29:04 | |
I know it's what Shek would have wanted as well. | 0:29:04 | 0:29:07 | |
Yay! | 0:29:07 | 0:29:10 | |
Good job. | 0:29:10 | 0:29:11 | |
In August 2015, | 0:29:13 | 0:29:15 | |
new information comes to light that suggests police officers may have | 0:29:15 | 0:29:19 | |
thought they were responding to a terrorist attack that morning. | 0:29:19 | 0:29:23 | |
I understand the information came from the police officers themselves. | 0:29:24 | 0:29:27 | |
They believed that they were under a terrorist attack. | 0:29:27 | 0:29:30 | |
But it doesn't make any sense. | 0:29:30 | 0:29:32 | |
If you think you're under terrorist attack, you press the button | 0:29:32 | 0:29:35 | |
and say, "We've got a terrorist here. All units out." | 0:29:35 | 0:29:37 | |
So, one wonders, why would an officer say | 0:29:37 | 0:29:40 | |
that he's under a terrorist attack, | 0:29:40 | 0:29:42 | |
other than to say the force he is using, even if it's excessive, | 0:29:42 | 0:29:47 | |
is legitimate. | 0:29:47 | 0:29:49 | |
The PIRC completes her interim report to the Crown Office | 0:29:50 | 0:29:54 | |
but with it comes a blow for the family. | 0:29:54 | 0:29:58 | |
The toxicology report reveals that traces of the drug MDMA | 0:29:58 | 0:30:02 | |
and a psychostimulant called A-PVP have been found in Sheku's blood. | 0:30:02 | 0:30:09 | |
A-PVP has been linked to erratic behaviour. | 0:30:09 | 0:30:12 | |
When I heard about the toxicology report, I was...really hurt. | 0:30:14 | 0:30:20 | |
Erm... | 0:30:20 | 0:30:22 | |
I don't agree with drugs whatsoever. | 0:30:22 | 0:30:24 | |
The Bayoh family have stated from day one | 0:30:24 | 0:30:27 | |
that Sheku Bayoh acted out of character that morning. | 0:30:27 | 0:30:30 | |
But then nothing's going to ever change the love that I had for Shek | 0:30:30 | 0:30:34 | |
and certainly just because of the toxicology report. | 0:30:34 | 0:30:38 | |
That is not what killed him. | 0:30:38 | 0:30:40 | |
For me... | 0:30:44 | 0:30:46 | |
I'm not going to accept anything on the death certificate other than | 0:30:46 | 0:30:51 | |
positional asphyxiation. | 0:30:51 | 0:30:52 | |
Because if it wasn't for coming into contact with the police, | 0:30:52 | 0:30:55 | |
Shek would still be here. | 0:30:55 | 0:30:57 | |
Sheku Bayoh's death certificate | 0:30:59 | 0:31:02 | |
cites the cause of death as | 0:31:02 | 0:31:04 | |
"sudden death in a man intoxicated by MDMA and A-PVP, | 0:31:04 | 0:31:09 | |
"whilst being restrained." | 0:31:09 | 0:31:12 | |
Whether they're taking drugs or whether they are found carrying | 0:31:13 | 0:31:17 | |
a knife, police officers who attend are entitled to use force | 0:31:17 | 0:31:20 | |
but it has to, at all times, be reasonable, it has to be legitimate | 0:31:20 | 0:31:25 | |
and it has to be proportionate in the circumstances. If you find | 0:31:25 | 0:31:28 | |
an individual who, when you respond, actually isn't carrying a knife... | 0:31:28 | 0:31:33 | |
you deal with that appropriately. | 0:31:33 | 0:31:35 | |
And if they are vulnerable, | 0:31:35 | 0:31:38 | |
then the vulnerabilities have to be taken into account. | 0:31:38 | 0:31:41 | |
That night, he'd been in contact with Zahid, we'd been discussing | 0:31:48 | 0:31:52 | |
him coming up later on to watch the boxing after work - | 0:31:52 | 0:31:56 | |
it was four o'clock in the morning it was due to be starting. | 0:31:56 | 0:31:59 | |
He was going to be with Shek. | 0:31:59 | 0:32:01 | |
He was going to the birthday party with him | 0:32:01 | 0:32:04 | |
and the plan was for them to just head up when I got home. | 0:32:04 | 0:32:07 | |
We ended up, Kirsty, my partner, and Zahid were having | 0:32:14 | 0:32:17 | |
a conversation, and Shek and I were trying to have a conversation | 0:32:17 | 0:32:21 | |
and it, sort of, was crisscrossing. | 0:32:21 | 0:32:25 | |
I was aware that we were all trying to talk over each other. | 0:32:25 | 0:32:29 | |
It was a bit disorientating. | 0:32:29 | 0:32:32 | |
Shek, sort of, he seemed to be reacting a bit strangely to it. | 0:32:32 | 0:32:36 | |
And then Zahid moved over to the couch | 0:32:39 | 0:32:44 | |
so that he could speak to Kirsty. | 0:32:44 | 0:32:48 | |
We began talking about a friend of Kirsty's. | 0:32:48 | 0:32:54 | |
Shek seemed to misunderstand what was being said. | 0:32:54 | 0:32:59 | |
He had said something that implied we were talking about him. | 0:32:59 | 0:33:02 | |
And everybody was like, "No, no, of course not. | 0:33:02 | 0:33:05 | |
"We're talking about so-and-so." | 0:33:05 | 0:33:08 | |
He kept making remarks that weren't | 0:33:08 | 0:33:10 | |
relevant to what we were talking about. It was like he was hearing | 0:33:10 | 0:33:13 | |
something else. It just became really uncomfortable. | 0:33:13 | 0:33:18 | |
We couldn't get through to him. | 0:33:18 | 0:33:21 | |
The boxing was on but it was just on. | 0:33:23 | 0:33:26 | |
We were just, sort of, staring at it. | 0:33:26 | 0:33:29 | |
Zahid had went back over to sit next to Shek | 0:33:31 | 0:33:35 | |
and he was saying to him, "Look, it's fine. You OK?" | 0:33:35 | 0:33:39 | |
We ended up just sitting quiet. The atmosphere was changed completely. | 0:33:39 | 0:33:43 | |
-INTERVIEWER: -Did you think he'd taken something? | 0:33:44 | 0:33:47 | |
Erm... | 0:33:47 | 0:33:49 | |
I thought that... I assumed that he had, due to his behaviour. | 0:33:49 | 0:33:52 | |
I didn't see him take anything but, | 0:33:52 | 0:33:55 | |
judging from his really strange behaviour, I did assume that he had. | 0:33:55 | 0:34:00 | |
I'd never seen Shek | 0:34:03 | 0:34:06 | |
behave like that before. | 0:34:06 | 0:34:08 | |
One of the last things I remember him saying, | 0:34:10 | 0:34:12 | |
he was standing up, he said, | 0:34:12 | 0:34:14 | |
"I'm just an idiot. Sorry. | 0:34:14 | 0:34:17 | |
"I'm just an idiot." | 0:34:17 | 0:34:19 | |
Zahid hung around for, | 0:34:23 | 0:34:26 | |
maybe, a minute. He said, "I'm sorry about this." | 0:34:26 | 0:34:28 | |
I was like, "Look, it's fine. Just go with him." | 0:34:28 | 0:34:32 | |
We assumed Shek was waiting at the car for him, or whatever, | 0:34:33 | 0:34:36 | |
for them both to go down to Shek's house. But Shek had left on foot. | 0:34:36 | 0:34:40 | |
Zahid had let me know that he had got him and they had went to | 0:34:43 | 0:34:46 | |
Shek's house. At the back at six, half six in the morning. | 0:34:46 | 0:34:50 | |
Zahid called me and he said, "Shek attacked me." | 0:34:50 | 0:34:56 | |
I was telling him to calm down. "What's happened?" He said he was... | 0:34:56 | 0:34:59 | |
He'd literally ran away from him. | 0:34:59 | 0:35:01 | |
I said to him, "Tell me where you are and I'll come and get you." | 0:35:01 | 0:35:05 | |
I picked him up and he told me Shek | 0:35:05 | 0:35:09 | |
was sort of going in and out of understanding | 0:35:09 | 0:35:12 | |
and Zahid was going to leave. | 0:35:12 | 0:35:14 | |
And Shek had attacked him. | 0:35:17 | 0:35:19 | |
We'd toyed with the idea of me knocking on the door and trying to | 0:35:21 | 0:35:26 | |
see if he was OK. But based on everything that had happened | 0:35:26 | 0:35:30 | |
we thought, we'll just leave him. | 0:35:30 | 0:35:33 | |
There was no reason to believe he was going to leave the house at all. | 0:35:33 | 0:35:37 | |
That's not him. | 0:35:41 | 0:35:43 | |
He doesn't do things like that or else I would have known. | 0:35:43 | 0:35:46 | |
People do it. They do it one time, it works for them, | 0:35:46 | 0:35:49 | |
they do it one time, it doesn't work at all for them. So... You know. | 0:35:49 | 0:35:53 | |
In Edinburgh, after finally being allowed a confidential viewing | 0:35:57 | 0:36:01 | |
of the CCTV footage, | 0:36:01 | 0:36:03 | |
the family takes its case to the Scottish Parliament. | 0:36:03 | 0:36:07 | |
Collette has chosen not to view the footage. | 0:36:07 | 0:36:10 | |
This morning, a heartbroken family | 0:36:10 | 0:36:13 | |
watched the last moments of Sheku's life taken on CCTV footage. | 0:36:13 | 0:36:17 | |
Members of Parliament, what are you going to do? | 0:36:17 | 0:36:20 | |
We saw the brutal truth. | 0:36:20 | 0:36:23 | |
We saw exactly what happened to our brother. | 0:36:23 | 0:36:26 | |
Together with the CCTV footage, | 0:36:34 | 0:36:36 | |
the medical evidence of the injuries to Sheku causes renewed anguish | 0:36:36 | 0:36:40 | |
to the family, with around 30 injuries to his head and body. | 0:36:40 | 0:36:45 | |
I knew how many injuries he had, | 0:36:46 | 0:36:48 | |
I didn't know the extent to what they were and I didn't realise | 0:36:48 | 0:36:52 | |
they were as bad as what they were. | 0:36:52 | 0:36:55 | |
And when I seen the diagram of all the injuries, | 0:36:55 | 0:36:58 | |
it broke my heart to think that my perfect man, | 0:36:58 | 0:37:02 | |
and his perfect face, was so hurt. | 0:37:02 | 0:37:05 | |
Until now, the family's been keen to see Sheku's death | 0:37:08 | 0:37:12 | |
as an isolated incident. | 0:37:12 | 0:37:14 | |
But a new report suddenly gives it a much wider significance. | 0:37:14 | 0:37:18 | |
Good evening. Sheku Bayoh died after being arrested and restrained | 0:37:21 | 0:37:24 | |
by police in Kirkcaldy five months ago. | 0:37:24 | 0:37:27 | |
..it emerged one of the officers involved in his restraint | 0:37:27 | 0:37:30 | |
-has a history of violence. -..reveal allegations one of the police | 0:37:30 | 0:37:34 | |
officers involved has a history of violence and racism... | 0:37:34 | 0:37:37 | |
..tonight we name one of the officers involved, | 0:37:37 | 0:37:40 | |
known until now only as Officer A, | 0:37:40 | 0:37:43 | |
as PC Alan Paton from Kirkcaldy. | 0:37:43 | 0:37:46 | |
We do this after members of his own family came forward to tell of the | 0:37:46 | 0:37:50 | |
officer's alleged violent past, including a sustained attack on... | 0:37:50 | 0:37:55 | |
..told the BBC that, as a teenager, Alan Paton held racist views. | 0:37:55 | 0:38:00 | |
And, in the week since Sheku Bayoh's death, | 0:38:00 | 0:38:03 | |
admitted to hating black people. | 0:38:03 | 0:38:05 | |
Several months earlier, we'd actually advised the PIRC | 0:38:05 | 0:38:07 | |
and the Lord Advocate that there was an officer we were repeatedly | 0:38:07 | 0:38:10 | |
receiving information from, | 0:38:10 | 0:38:12 | |
from members of the public and also members of his family. | 0:38:12 | 0:38:14 | |
Unfortunately, the PIRC chose not to do anything about that. | 0:38:14 | 0:38:17 | |
And, subsequent to that, a few months later, it appeared on the BBC | 0:38:17 | 0:38:21 | |
about this individual, and it appeared in the newspapers. | 0:38:21 | 0:38:24 | |
Subsequently, the Lord Advocate directed the PIRC to investigate | 0:38:26 | 0:38:30 | |
allegations of racism. | 0:38:30 | 0:38:31 | |
We start with an open mind, to find out whether | 0:38:41 | 0:38:45 | |
this incident could happen to anyone. | 0:38:45 | 0:38:48 | |
Regardless of race. | 0:38:48 | 0:38:50 | |
But then, as time goes on, | 0:38:50 | 0:38:52 | |
we have got specific information about racist attitudes, | 0:38:52 | 0:38:58 | |
and that is why we are pointing the finger now on race. | 0:38:58 | 0:39:02 | |
Because we know - I know - | 0:39:04 | 0:39:07 | |
through my work and my experience, | 0:39:07 | 0:39:10 | |
racism doesn't start just like that. | 0:39:10 | 0:39:14 | |
It builds up. It starts from stereotypes, | 0:39:14 | 0:39:18 | |
prejudice and then it comes into action. | 0:39:18 | 0:39:22 | |
If somebody is racist and are now using the uniform, | 0:39:22 | 0:39:27 | |
which has power, and then now he's using his power, his stereotype, | 0:39:27 | 0:39:31 | |
his prejudice, and using that as a way of putting his authority, | 0:39:31 | 0:39:38 | |
stamping his authority on somebody else, that is wrong. | 0:39:38 | 0:39:42 | |
I believe that, with that behaviour, if somebody has got that behaviour | 0:39:43 | 0:39:48 | |
they have mentioned to the family members, | 0:39:48 | 0:39:52 | |
saying that they hate black people, and you've got a black man there, | 0:39:52 | 0:39:57 | |
what chance have we got? | 0:39:57 | 0:39:59 | |
What chance did Sheku have? | 0:39:59 | 0:40:01 | |
-Hands up! -CROWD: -Don't shoot! | 0:40:01 | 0:40:04 | |
-Hands up! -Don't shoot. | 0:40:04 | 0:40:06 | |
Black deaths in police custody have been a major flash point in the US | 0:40:06 | 0:40:11 | |
for the past two years, | 0:40:11 | 0:40:13 | |
leading to the formation of the Black Lives Matter movement. | 0:40:13 | 0:40:17 | |
The family are left wondering if events in America at the time | 0:40:19 | 0:40:23 | |
had an impact on the aftermath of Sheku's death. | 0:40:23 | 0:40:27 | |
When Shek died, | 0:40:28 | 0:40:31 | |
that morning, | 0:40:31 | 0:40:34 | |
they were like... "Holy hell, what we going to do?" | 0:40:34 | 0:40:38 | |
A black man had died, Ferguson has just happened in America. | 0:40:38 | 0:40:44 | |
Baltimore is still up and running. | 0:40:44 | 0:40:46 | |
What the heck are we going to do? What do we say? | 0:40:46 | 0:40:50 | |
-CROWD: -Black lives matter! | 0:40:50 | 0:40:52 | |
Ripples from the Black Lives Matter movement spread to UK cities. | 0:40:52 | 0:40:59 | |
Black Lives Matter is raising awareness about something | 0:40:59 | 0:41:02 | |
that has been going on for centuries. | 0:41:02 | 0:41:04 | |
..to bring to the media! | 0:41:04 | 0:41:06 | |
They always point the finger of blame on the deceased. | 0:41:06 | 0:41:09 | |
It's not the deceased that's always at fault. | 0:41:09 | 0:41:12 | |
-CROWD: -Black lives matter! | 0:41:12 | 0:41:15 | |
Look at the people that made this whole situation change, | 0:41:15 | 0:41:21 | |
and now we have a deceased. | 0:41:21 | 0:41:25 | |
There are a few bad apples in society. | 0:41:25 | 0:41:29 | |
We need to get those few bad apples out and shame them. | 0:41:29 | 0:41:33 | |
And then they might realise that what they were doing was wrong. | 0:41:33 | 0:41:36 | |
Wow. | 0:41:45 | 0:41:47 | |
Mmm! Oh, wow! | 0:41:49 | 0:41:52 | |
Is that good? | 0:41:52 | 0:41:54 | |
I've kind of hid myself away. | 0:41:54 | 0:41:56 | |
I'm kind of not going to the shops. | 0:41:56 | 0:41:59 | |
I don't go anywhere alone. | 0:41:59 | 0:42:01 | |
I've become a little bit of a recluse. I'm trying to get myself | 0:42:03 | 0:42:06 | |
back out there and it's just... I feel like when I go out, | 0:42:06 | 0:42:09 | |
everybody's looking at me and they don't really say anything, | 0:42:09 | 0:42:13 | |
they're just looking. Especially when I've got Isaac with me. | 0:42:13 | 0:42:17 | |
It's all finished. | 0:42:19 | 0:42:21 | |
I don't feel safe. | 0:42:21 | 0:42:23 | |
I was supposed to have a meeting on the Monday night with the campaign. | 0:42:23 | 0:42:27 | |
It was the first meeting | 0:42:27 | 0:42:28 | |
that I was going to be going to for a long time. | 0:42:28 | 0:42:32 | |
My tyres were slashed. | 0:42:32 | 0:42:34 | |
And I found it a bit strange that I'd gone quiet | 0:42:34 | 0:42:37 | |
and not been to any campaign or anything for a while and then, | 0:42:37 | 0:42:42 | |
as soon as I'd gone to something and I was heading to something else, | 0:42:42 | 0:42:46 | |
my tyres were slashed. | 0:42:46 | 0:42:48 | |
Then I couldn't make it to that meeting. | 0:42:48 | 0:42:51 | |
I don't know who it was. I don't know why. | 0:42:51 | 0:42:55 | |
There was five other cars parked around me | 0:42:55 | 0:42:57 | |
and it was only my front and back tyre that was slashed. | 0:42:57 | 0:43:02 | |
I didn't report it to the police. | 0:43:03 | 0:43:05 | |
I'm concerned about Isaac. | 0:43:09 | 0:43:11 | |
His dad was black, Isaac's mixed race. They thought that Shek | 0:43:11 | 0:43:15 | |
was a terrorist, what are they going to think about Isaac? | 0:43:15 | 0:43:18 | |
With the PIRC still investigating the case, the family | 0:43:23 | 0:43:27 | |
are invited to meet the Commissioner, Kate Frame, | 0:43:27 | 0:43:30 | |
but they leave dissatisfied. | 0:43:30 | 0:43:33 | |
The second time we met PIRC, | 0:43:33 | 0:43:35 | |
after all that had happened, we thought, | 0:43:35 | 0:43:38 | |
what's the point in seeing them again? What's the point? | 0:43:38 | 0:43:42 | |
I think they're out of their depth. | 0:43:42 | 0:43:45 | |
It was almost like a stick-on extra after Police Scotland was created. | 0:43:45 | 0:43:48 | |
And they do not have the resources | 0:43:48 | 0:43:51 | |
and the facilities, and they've been, again and again, | 0:43:51 | 0:43:54 | |
been found to be wanting and not having the capability, | 0:43:54 | 0:43:58 | |
the initiative, the resources | 0:43:58 | 0:44:00 | |
and robustness to carry out the investigation that is required. | 0:44:00 | 0:44:05 | |
In response, the PIRC says... | 0:44:05 | 0:44:08 | |
Although a fatal accident enquiry is normal in the circumstances, | 0:44:23 | 0:44:27 | |
the family meet the First Minister to ask for a public enquiry | 0:44:27 | 0:44:31 | |
so wider lessons can be learned. | 0:44:31 | 0:44:34 | |
'What stood out for me in that meeting was | 0:44:34 | 0:44:37 | |
'when Kadi spoke to Nicola about how she moved to Scotland, | 0:44:37 | 0:44:41 | |
'how she brought up her children here, | 0:44:41 | 0:44:43 | |
'and how her younger brother came to Scotland | 0:44:43 | 0:44:45 | |
'and she thought he'd be safe. | 0:44:45 | 0:44:46 | |
'And... | 0:44:46 | 0:44:49 | |
'Black children growing up in Kirkcaldy always felt welcomed | 0:44:49 | 0:44:52 | |
'and loved, and made Scotland their home. | 0:44:52 | 0:44:54 | |
'But the most upsetting part of that meeting was when Kadi said, | 0:44:54 | 0:44:59 | |
'"I want to leave Scotland." | 0:44:59 | 0:45:00 | |
'And I could see Nicola was visibly moved and upset, | 0:45:00 | 0:45:04 | |
'and said that she didn't become First Minister for this to happen | 0:45:04 | 0:45:07 | |
'on her watch.' | 0:45:07 | 0:45:09 | |
INDISTINCT CHAT | 0:45:25 | 0:45:29 | |
In Kirkcaldy, cracks are beginning to appear in the relationship | 0:45:29 | 0:45:32 | |
between the Bayoh family and Collette. | 0:45:32 | 0:45:37 | |
-Give Mummy some. -Where's Mummy's? -Give Mummy some. | 0:45:37 | 0:45:41 | |
Just before Christmas, his friends started a fund for his headstone | 0:45:41 | 0:45:47 | |
as there was no headstone yet. | 0:45:47 | 0:45:50 | |
We had all decided on a headstone - | 0:45:50 | 0:45:52 | |
well, I thought we had agreed on the headstone, a black one. | 0:45:52 | 0:45:56 | |
There was a bit of miscommunication | 0:45:56 | 0:45:58 | |
about what everybody wanted for the headstone. | 0:45:58 | 0:46:03 | |
So, basically, | 0:46:03 | 0:46:05 | |
a stone had been chosen and then they didn't want that one any more. | 0:46:05 | 0:46:08 | |
The headstone got put down anyway as it had all been written on and | 0:46:08 | 0:46:12 | |
had been signed for so I put flowers down and then I went on holiday. | 0:46:12 | 0:46:17 | |
We do appreciate them coming together, raising funds | 0:46:20 | 0:46:23 | |
to do the headstone, | 0:46:23 | 0:46:26 | |
which we were involved in, but it seemed like, nearer the time, | 0:46:26 | 0:46:31 | |
we were just cut out altogether | 0:46:31 | 0:46:33 | |
and they carried on doing what they wanted to do, which wasn't fair | 0:46:33 | 0:46:37 | |
on our side. | 0:46:37 | 0:46:38 | |
And then Jamie had texted me, saying they've taken the stone down. | 0:46:41 | 0:46:45 | |
Which was really heartbreaking and I felt... | 0:46:47 | 0:46:51 | |
really disgusted and really hurt by it. | 0:46:51 | 0:46:54 | |
We are Africans, we do have culture, | 0:46:57 | 0:47:00 | |
we do have a way that we do things. | 0:47:00 | 0:47:04 | |
It was something to do with the colour because... | 0:47:04 | 0:47:08 | |
for a young man, you don't choose black. | 0:47:08 | 0:47:10 | |
When somebody dies, you see families have arguments, | 0:47:13 | 0:47:17 | |
you see repercussions, you see blame games. | 0:47:17 | 0:47:21 | |
In this situation, you've almost had an external process intervene where | 0:47:21 | 0:47:26 | |
somebody has died, you don't know what's happened, | 0:47:26 | 0:47:29 | |
you're fighting for justice, you're forced into the public domain, | 0:47:29 | 0:47:31 | |
you're having to set up a campaign, | 0:47:31 | 0:47:34 | |
you're in the spotlight and everything is being played out. | 0:47:34 | 0:47:37 | |
One year on, friends and family gather to remember Sheku. | 0:47:44 | 0:47:48 | |
It's been a roller-coaster ride for us. We've had our ups and downs. | 0:47:55 | 0:47:58 | |
It hasn't been easy at all for the family to cope without him. | 0:47:58 | 0:48:03 | |
We've got no answers and I've got my family life to deal with. | 0:48:03 | 0:48:08 | |
I've got my work and I've got the campaign. | 0:48:08 | 0:48:12 | |
I have to fight for justice | 0:48:12 | 0:48:14 | |
and it seems that we're not getting anywhere. We don't know the truth. | 0:48:14 | 0:48:19 | |
The PIRC did say that they would put in their reports at the beginning | 0:48:21 | 0:48:25 | |
of the year and we're into May now and nothing has been done. | 0:48:25 | 0:48:28 | |
Up until now, we're still waiting for answers. | 0:48:28 | 0:48:31 | |
We want to know how our brother died. | 0:48:31 | 0:48:33 | |
We want to know why - what was the motive behind that? | 0:48:33 | 0:48:37 | |
We want to know his last words, | 0:48:37 | 0:48:39 | |
so why are we being deprived of all these things? | 0:48:39 | 0:48:43 | |
Hello. | 0:48:46 | 0:48:48 | |
A year has gone by now without Sheku in our lives. | 0:48:48 | 0:48:53 | |
We've all felt the pain. | 0:48:53 | 0:48:56 | |
It's been a hard struggle. | 0:48:56 | 0:48:58 | |
-VOICE BREAKING: -Our lives have changed. | 0:49:07 | 0:49:10 | |
Our lives have changed. | 0:49:20 | 0:49:22 | |
Sheku was a lovely boy, a bubbly guy, | 0:49:25 | 0:49:28 | |
always bringing joy in our lives. | 0:49:28 | 0:49:31 | |
Whenever my mum comes to Scotland, he's always there. | 0:49:31 | 0:49:35 | |
We are always together. | 0:49:35 | 0:49:37 | |
But this time, it's just me in Scotland and... | 0:49:37 | 0:49:42 | |
the emptiness is there. | 0:49:42 | 0:49:43 | |
Every day is hard in our lives without him. | 0:49:45 | 0:49:50 | |
Thank you. | 0:49:57 | 0:49:59 | |
For Collette, moving to a new house brings some bittersweet memories. | 0:50:08 | 0:50:13 | |
When I moved into the house, | 0:50:13 | 0:50:15 | |
it was obviously all new and... | 0:50:15 | 0:50:19 | |
erm... | 0:50:19 | 0:50:21 | |
just knowing that I was going to be getting all my things again, | 0:50:21 | 0:50:25 | |
I was really anxious cos I didn't know how that would make me feel, | 0:50:25 | 0:50:30 | |
getting all the things that would remind me of Shek | 0:50:30 | 0:50:33 | |
but actually I found it very comforting. | 0:50:33 | 0:50:35 | |
And obviously unpacking everything, everything was in twos. | 0:50:36 | 0:50:42 | |
Like, unpacking Shek's cup and when I got my sofa, | 0:50:42 | 0:50:45 | |
Shek used to sit at this side so this side all smelled like him | 0:50:45 | 0:50:49 | |
but I found it actually really comforting. | 0:50:49 | 0:50:52 | |
I feel like giving up sometimes because of the pressure, the strain | 0:50:59 | 0:51:04 | |
it's put on me and my family, | 0:51:04 | 0:51:06 | |
my health, my husband's health. | 0:51:06 | 0:51:09 | |
Sometimes, you know, I feel like | 0:51:09 | 0:51:12 | |
giving up and saying, what's the point? | 0:51:12 | 0:51:15 | |
Will it go the way we want it to go | 0:51:15 | 0:51:20 | |
or are we just wasting time? | 0:51:20 | 0:51:22 | |
We are right to keep fighting, at least if not for anything, | 0:51:22 | 0:51:25 | |
for the kids and for justice | 0:51:25 | 0:51:28 | |
and the brutality he suffered and everything. | 0:51:28 | 0:51:32 | |
We really want to keep up the fight but it's just a strain. | 0:51:32 | 0:51:35 | |
No, we will keep going, we will keep going. | 0:51:38 | 0:51:41 | |
We will do as much as we could. | 0:51:41 | 0:51:44 | |
We want to see the end of this. | 0:51:44 | 0:51:47 | |
Justice needs to be done. | 0:51:47 | 0:51:49 | |
Somebody needs to be punished for their actions. | 0:51:49 | 0:51:52 | |
On the 10th August 2016, | 0:51:55 | 0:51:58 | |
16 months after Sheku's death, | 0:51:58 | 0:52:01 | |
the PIRC Report is delivered to the Lord Advocate. | 0:52:01 | 0:52:04 | |
Although that report remains confidential, | 0:52:04 | 0:52:07 | |
the family meet their lawyer to discuss their next steps. | 0:52:07 | 0:52:12 | |
How much force was used, how many of them were using the batons on him, | 0:52:12 | 0:52:19 | |
and at that point, what damage had that caused? | 0:52:19 | 0:52:22 | |
I think in terms of... | 0:52:22 | 0:52:25 | |
all the experts who were looking at the question of restraint, | 0:52:25 | 0:52:29 | |
and the heart basically stopping, | 0:52:29 | 0:52:32 | |
all of them have considered the drug use, | 0:52:32 | 0:52:37 | |
they've all considered the restraint techniques, | 0:52:37 | 0:52:39 | |
they all seem to be pointing in the same direction, that, yes, | 0:52:39 | 0:52:43 | |
drug use is a major reason but restraint is... | 0:52:43 | 0:52:49 | |
is a contributory factor in Sheku's death. | 0:52:49 | 0:52:54 | |
Those who represent the police are always going to argue it's the drugs | 0:52:54 | 0:52:58 | |
that killed Sheku. | 0:52:58 | 0:52:59 | |
Our argument is going to be that if Sheku had carried on walking on, | 0:52:59 | 0:53:05 | |
then the drugs would have started to wear off. Perhaps, we don't know. | 0:53:05 | 0:53:09 | |
We'll never know. The point being, | 0:53:09 | 0:53:11 | |
he's not doing anything at that point, so when the police arrive, | 0:53:11 | 0:53:14 | |
they have to treat appropriately. | 0:53:14 | 0:53:17 | |
After Friday's meeting with Aamer, | 0:53:17 | 0:53:20 | |
we felt really upset | 0:53:20 | 0:53:21 | |
and heartbroken. | 0:53:21 | 0:53:24 | |
The drug issue upsets us | 0:53:26 | 0:53:29 | |
really bad and... | 0:53:29 | 0:53:33 | |
that's what the police are using. | 0:53:33 | 0:53:36 | |
Whatever the circumstances, | 0:53:37 | 0:53:40 | |
we believe he would have been here today if they would have taken | 0:53:40 | 0:53:45 | |
the measures that they were supposed to take. | 0:53:45 | 0:53:48 | |
So, we're at that stage now that we need to... | 0:53:48 | 0:53:53 | |
speak to Dr Nat Cary and other experts | 0:53:53 | 0:53:56 | |
and get further reports on the back of what evidence | 0:53:56 | 0:54:01 | |
that your legal team has been provided with. | 0:54:01 | 0:54:04 | |
That meeting was a sweet and sour meeting. | 0:54:04 | 0:54:09 | |
If you don't have the money, you're not going to get anywhere. | 0:54:09 | 0:54:12 | |
If you don't get money, if you don't have money to pay for the experts, | 0:54:12 | 0:54:16 | |
it's a waste of time. | 0:54:16 | 0:54:18 | |
None of this is going to work. | 0:54:18 | 0:54:19 | |
All the bills for their side to justify their side of the case | 0:54:19 | 0:54:23 | |
is paid by the taxpayers. | 0:54:23 | 0:54:25 | |
The family doesn't have that. | 0:54:27 | 0:54:28 | |
The Crown Office says... | 0:54:30 | 0:54:32 | |
INDISTINCT CHAT | 0:54:57 | 0:55:00 | |
My health has suffered a lot. | 0:55:03 | 0:55:05 | |
I have been stressed over | 0:55:05 | 0:55:08 | |
the past years a lot. | 0:55:08 | 0:55:11 | |
I have been in and out of hospital, | 0:55:11 | 0:55:13 | |
I'm on medication and I believe | 0:55:13 | 0:55:16 | |
I'll be on this medication for the rest of my life. | 0:55:16 | 0:55:20 | |
The family are still trying to grieve. At the same time, | 0:55:20 | 0:55:24 | |
the family are trying to create awareness of the incident. | 0:55:24 | 0:55:28 | |
The family becomes the investigators, | 0:55:28 | 0:55:30 | |
trying to investigate themselves to look for the truth. | 0:55:30 | 0:55:33 | |
The thing is not to give up, to just keep going. | 0:55:33 | 0:55:35 | |
It's extremely hard but we just have to keep going because we want | 0:55:35 | 0:55:39 | |
answers and we want the truth. | 0:55:39 | 0:55:42 | |
As 2016 turns to 2017, | 0:55:45 | 0:55:49 | |
the family's lawyer arrives with some news. | 0:55:49 | 0:55:53 | |
We are intending to launch a civil action against Police Scotland | 0:55:53 | 0:55:57 | |
for what happened to Sheku that day. | 0:55:57 | 0:56:00 | |
That will mean that we are able | 0:56:00 | 0:56:02 | |
to ask the questions that we want to ask. | 0:56:02 | 0:56:04 | |
How it came to be that he was handcuffed, ankle cuffed, | 0:56:04 | 0:56:08 | |
you know, leg restraints, face down on the floor. | 0:56:08 | 0:56:12 | |
What went on? Was it excessive violence that was used? | 0:56:12 | 0:56:16 | |
Fundamental question - | 0:56:16 | 0:56:18 | |
why did police officers feel the need to have this treatment of Sheku | 0:56:18 | 0:56:22 | |
that day, and did it result in the death? | 0:56:22 | 0:56:25 | |
Now, that's all areas that will arise in a potential civil action | 0:56:25 | 0:56:29 | |
but we've got a very senior counsel, an advocate who's very experienced, | 0:56:29 | 0:56:34 | |
who's worked both as Crown counsel, as a prosecutor, | 0:56:34 | 0:56:37 | |
but also deals with civil actions, so I think this year, | 0:56:37 | 0:56:40 | |
within the next few months, we're looking at a major shift | 0:56:40 | 0:56:43 | |
in the direction that we're going in, rather than just sitting, | 0:56:43 | 0:56:47 | |
waiting for them to do something, | 0:56:47 | 0:56:49 | |
so it's a question of what we are going to do next. | 0:56:49 | 0:56:53 | |
We want justice to be done, we want to know the truth, | 0:56:53 | 0:56:57 | |
we want to know what happened to our brother, so we do welcome that. | 0:56:57 | 0:57:01 | |
We were basically worn down with the past six months of just negativity, | 0:57:01 | 0:57:08 | |
going through and the delay | 0:57:08 | 0:57:10 | |
and this is a real welcome boost for the family. | 0:57:10 | 0:57:15 | |
Mum will be happy that something is being done, | 0:57:15 | 0:57:19 | |
something is going to be done. | 0:57:19 | 0:57:21 | |
If Shek had not met the police | 0:57:33 | 0:57:36 | |
or had not come in contact with the police that day, | 0:57:36 | 0:57:38 | |
will he be alive or will he still be dead? | 0:57:38 | 0:57:42 | |
I believe he will still be alive. | 0:57:42 | 0:57:44 | |
I loved him more... | 0:57:44 | 0:57:46 | |
regardless of what he had done. | 0:57:46 | 0:57:49 | |
Erm... | 0:57:49 | 0:57:51 | |
and I still thought, taking drugs doesn't warrant you being killed. | 0:57:51 | 0:57:56 | |
The bottom line is, if they had left Sheku to walk down the street, | 0:57:56 | 0:58:01 | |
if they hadn't met with Sheku, | 0:58:01 | 0:58:04 | |
would he have just walked down and died on the street on his own, | 0:58:04 | 0:58:07 | |
or would he have just sat in his house and died on his own? | 0:58:07 | 0:58:11 | |
That's where the question is. | 0:58:11 | 0:58:14 |