0:00:02 > 0:00:04When Shek died,
0:00:04 > 0:00:06that morning,
0:00:06 > 0:00:09they were like, "Holy hell,
0:00:09 > 0:00:11"what are we going to do?"
0:00:11 > 0:00:13A black man had died.
0:00:13 > 0:00:16Ferguson has just happened in America.
0:00:16 > 0:00:18- Hands up! - Don't shoot!
0:00:18 > 0:00:20Baltimore is still up and running.
0:00:22 > 0:00:25What the heck are we going to do?
0:00:25 > 0:00:27I've waited for someone like Shek
0:00:27 > 0:00:31for such a long time and he's just taken away from me.
0:00:32 > 0:00:35We were looking forward to so much together.
0:00:38 > 0:00:42We're gathered outside Kirkcaldy police station because
0:00:42 > 0:00:45five weeks ago, on Sunday the 3rd of May,
0:00:45 > 0:00:48Sheku Bayoh came into contact with nine police officers
0:00:48 > 0:00:51from Kirkcaldy police station.
0:00:51 > 0:00:54Within the space of 15 minutes, he lost consciousness
0:00:54 > 0:00:59and was officially pronounced dead at Victoria Hospital.
0:01:19 > 0:01:23The coastal town of Kirkcaldy in Fife is home to Kadi Johnson,
0:01:23 > 0:01:26her husband Ade and their two daughters.
0:01:29 > 0:01:32With its small but growing black community,
0:01:32 > 0:01:35they embraced the town when they first moved here.
0:01:35 > 0:01:39So much so that 14 years ago, Kadi asked her younger brother Sheku
0:01:39 > 0:01:44to move from London to join them when he was 17 years old.
0:01:45 > 0:01:51We wanted him here to be close to us, maybe because I was looking for,
0:01:51 > 0:01:57you know, another young man next by me, sporty, doing stuff.
0:01:57 > 0:02:00Shek is a good boy.
0:02:00 > 0:02:04He loved his friends, he loved his family.
0:02:04 > 0:02:06And he loved his two children.
0:02:06 > 0:02:09Shek was a fun-loving, larger-than-life guy.
0:02:09 > 0:02:11He was always singing, always dancing,
0:02:11 > 0:02:15always having fun around the house.
0:02:15 > 0:02:17He was just such a kind, caring gentleman,
0:02:17 > 0:02:20who would do anything for anybody.
0:02:20 > 0:02:24Being around him sometimes was just like being around a force of nature.
0:02:24 > 0:02:26He was just such an animated and...
0:02:27 > 0:02:29Er...
0:02:31 > 0:02:34You know, he was just so alive, really.
0:02:36 > 0:02:39But I don't ever recall being unhappy around him.
0:02:40 > 0:02:43He was a youth leader in the community.
0:02:43 > 0:02:46Shek had given talks to the police,
0:02:46 > 0:02:48to police officers, when he was young.
0:02:48 > 0:02:51You know, he has done work with the Prince's Trust,
0:02:51 > 0:02:53apprenticeship with Fife Council.
0:02:55 > 0:02:57He called me his princess and he treated me like one.
0:02:57 > 0:02:59He was just a true gentleman.
0:02:59 > 0:03:02I couldn't have asked for a better guy.
0:03:11 > 0:03:14I had a birthday party on the 2nd of May for my daughter.
0:03:14 > 0:03:17She was seven, turning seven at the time.
0:03:23 > 0:03:28Sheku joined us about half past five or so, he joined us.
0:03:31 > 0:03:35As normal, he came in with a birthday present for my daughter.
0:03:37 > 0:03:39All the children were happy to see him.
0:03:39 > 0:03:41He was having a laugh with them.
0:03:43 > 0:03:47He came in, met all of the family members, friends,
0:03:47 > 0:03:51and as the evening went on, people started coming,
0:03:51 > 0:03:55my friends from Edinburgh, Glasgow and around Kirkcaldy.
0:03:55 > 0:03:57They came, they joined us.
0:03:59 > 0:04:01We had plenty to eat.
0:04:01 > 0:04:04There was plenty food, plenty drinks.
0:04:04 > 0:04:06He helped serve the guests.
0:04:08 > 0:04:11He was talking, laughing, making jokes.
0:04:24 > 0:04:29Then, as the evening went on, at about nine or just after nine,
0:04:29 > 0:04:31his friend Zahid came.
0:04:31 > 0:04:34Zahid came, he aids us, as he usually does,
0:04:34 > 0:04:37because he's part of us, too, you know.
0:04:41 > 0:04:45And after that, they said they are leaving,
0:04:45 > 0:04:48they are going out to get ready for the boxing,
0:04:48 > 0:04:51because the boxing was on that night.
0:04:51 > 0:04:53One thing Sheku did when he was leaving,
0:04:53 > 0:04:56he gave everybody a hug and a kiss.
0:04:56 > 0:05:01Every single person, before he left and that's...
0:05:01 > 0:05:03He doesn't usually do that.
0:05:05 > 0:05:1012 hours later, Sheku Bayoh lay dead in Kirkcaldy's Victoria Hospital,
0:05:10 > 0:05:12where Kadi worked as a nurse.
0:05:13 > 0:05:18This film follows the family over 20 months as they try to find out
0:05:18 > 0:05:22what happened, and ask questions of Scotland's legal institutions.
0:05:38 > 0:05:40I was staying at Mum's,
0:05:40 > 0:05:44only because he had said that he was going to invite a few friends round
0:05:44 > 0:05:48that night. The plan was just he would have his guy time,
0:05:48 > 0:05:51I would go to Mum's, and stay there for the night.
0:05:53 > 0:05:54On the morning of the 3rd,
0:05:54 > 0:05:59I got a phone call at about half past six from Zahid, saying
0:05:59 > 0:06:01for me to phone him as soon as possible,
0:06:01 > 0:06:02and I thought that was very strange.
0:06:02 > 0:06:05He was just like, "Don't panic, don't panic, don't worry.
0:06:07 > 0:06:10"Shek's just... We've just had a fight.
0:06:10 > 0:06:14"He just started beating me up and...
0:06:14 > 0:06:16"but he's all right and I'm OK and..."
0:06:16 > 0:06:19And I was like, "What's happened now?"
0:06:19 > 0:06:21And he was like, "Just don't go home. He's not himself."
0:06:23 > 0:06:27So I just got dressed and went straight home.
0:06:30 > 0:06:34I think that was about quarter past seven.
0:06:36 > 0:06:39I got to the house, I opened the front door -
0:06:39 > 0:06:40the front door was locked.
0:06:40 > 0:06:45I went through and as I went through, the kitchen door was open.
0:06:47 > 0:06:50And I looked in the kitchen and he wasn't there, so then
0:06:50 > 0:06:51I started shouting on him.
0:06:53 > 0:06:55Then I was getting really worried.
0:06:55 > 0:06:57I tried phoning him and then I seen
0:06:57 > 0:06:59that his phone was in the corner of the kitchen.
0:07:01 > 0:07:03The way the kitchen was, like,
0:07:03 > 0:07:05he had jackets on the kitchen floor
0:07:05 > 0:07:07and I thought, that's really strange -
0:07:07 > 0:07:09like, Shek was a really clean person.
0:07:09 > 0:07:13He was always tidy. He wouldn't have anything messy so I thought the fact
0:07:13 > 0:07:17that his jackets were on the floor was very, very strange as well.
0:07:18 > 0:07:21Nothing had ever happened like that before.
0:07:21 > 0:07:24Shek hadn't even ever been in a fight,
0:07:24 > 0:07:27so for Zahid to phone me and say that they had been in a fight
0:07:27 > 0:07:31was all very strange. I just didn't know what was going on.
0:07:36 > 0:07:41Sheku and Collette had been together for just over two and a half years.
0:07:41 > 0:07:44Their son Isaac was three months old when his dad died.
0:07:47 > 0:07:50Sheku's first son from a previous relationship, Tyler,
0:07:50 > 0:07:52was three years old at the time.
0:07:54 > 0:07:57I phoned the police and I reported him missing.
0:07:57 > 0:08:00I went, picked Mum up, got Isaac.
0:08:00 > 0:08:05As I drew up to my house, there was a police car and four officers.
0:08:05 > 0:08:07Two policeman came into my living room.
0:08:07 > 0:08:09One went straight upstairs, didn't ask,
0:08:09 > 0:08:13just went straight upstairs and one went into the kitchen and then I
0:08:13 > 0:08:15didn't see that officer again.
0:08:17 > 0:08:18It was very odd.
0:08:18 > 0:08:21Erm...
0:08:21 > 0:08:23And then I had to feed Isaac,
0:08:23 > 0:08:26so then I went upstairs and started feeding Isaac in his room
0:08:26 > 0:08:29and Mum was looking out the window, and she said,
0:08:29 > 0:08:32"Oh, there's a police van turned up now and there's a sniffer dog
0:08:32 > 0:08:34"in your garden." And I was like,
0:08:34 > 0:08:36there's something really not right there.
0:08:41 > 0:08:43We were home, just having a lazy day
0:08:43 > 0:08:47and then at about three o'clock in the afternoon,
0:08:47 > 0:08:52two police officers called in to my house wearing plain clothes.
0:08:55 > 0:08:58And they said,
0:08:58 > 0:08:59"There's no easy way to say this,
0:08:59 > 0:09:02"but I just want to tell you that he has passed away."
0:09:03 > 0:09:09And that was devastating news for me.
0:09:12 > 0:09:16I was asking the questions about, you know, "How did he die?
0:09:16 > 0:09:19"Was he attacked?" And they said no.
0:09:19 > 0:09:20"Was he stabbed?"
0:09:20 > 0:09:22They said no and I was like,
0:09:22 > 0:09:25"So what killed him?"
0:09:25 > 0:09:28And then the officers said to us they didn't know.
0:09:28 > 0:09:32A member of the public saw him lying on the side of the road,
0:09:32 > 0:09:35called an ambulance, and the ambulance picked him up.
0:09:35 > 0:09:39On the way to the hospital, he died.
0:09:40 > 0:09:43Then when we go to the police station and they say,
0:09:43 > 0:09:45"There's been a body found."
0:09:47 > 0:09:49Although I've been saying "Is he dead, is he dead?"
0:09:49 > 0:09:52I don't believe it.
0:09:52 > 0:09:55In shock, I'm asking, "Is he...
0:09:55 > 0:09:57"Is he hurt? Is he stabbed?"
0:09:58 > 0:10:02And their reply to that was, "We don't know. Nothing obvious.
0:10:02 > 0:10:03"Nothing that we can see."
0:10:05 > 0:10:08And we asked, "How did he die?"
0:10:08 > 0:10:11And they said, "We don't know but we are looking for two guys."
0:10:18 > 0:10:20And I was like, we need to find out how come the stories
0:10:20 > 0:10:23are not the same and I said, "So, who's your gaffer?"
0:10:25 > 0:10:28And I said, "Well, can you tell him that Ade...
0:10:28 > 0:10:30"Ask him to come to my house."
0:10:30 > 0:10:32Within the hour,
0:10:32 > 0:10:35a senior officer from Police Scotland arrives at the house.
0:10:37 > 0:10:43We got as many families in from Edinburgh, from all over Fife.
0:10:43 > 0:10:46There are a lot of people in the room.
0:10:46 > 0:10:49And I said to him, "These are all family members,
0:10:49 > 0:10:53"so we just want to know what really happened. So tell us what you know."
0:10:54 > 0:10:59And he started a different path of story.
0:10:59 > 0:11:03His story was so different from the ones we've had and he was the one
0:11:03 > 0:11:08that said to us that a call came in that
0:11:08 > 0:11:12a black male was wielding a machete in the middle of the street.
0:11:12 > 0:11:16Six officers were first on the scene, according to him, he said,
0:11:16 > 0:11:20the six officers approached him, they tried to engage with him,
0:11:20 > 0:11:23he refused to engage with the officers.
0:11:23 > 0:11:28He was wielding the machete and then...
0:11:28 > 0:11:31And then he said they pepper-sprayed him.
0:11:33 > 0:11:38And then he lashed out, kicking a policewoman - his exact words -
0:11:38 > 0:11:39kicking a policewoman.
0:11:39 > 0:11:41She fell to the floor,
0:11:41 > 0:11:44he stamped on her head on the floor
0:11:44 > 0:11:47and he was kicking her head on the floor.
0:11:47 > 0:11:53And I said to him, "OK, you said a black male was wielding a machete
0:11:53 > 0:11:54"in the middle of the road."
0:11:54 > 0:11:58Which sounds like the Woolwich stuff.
0:11:58 > 0:12:00I said, "Do you have the machete in...
0:12:00 > 0:12:02"Do you have the machete now?"
0:12:02 > 0:12:03He said, "No, it's a knife."
0:12:03 > 0:12:05I said, "Do you have a knife?
0:12:05 > 0:12:08"You said a machete, now we're moving to a knife."
0:12:08 > 0:12:10He said, "Yeah, yeah. It's a knife."
0:12:11 > 0:12:14The bombshell came when he said - oh, what he had said,
0:12:14 > 0:12:17we should keep it within these walls.
0:12:17 > 0:12:20We should not speak to the media.
0:12:20 > 0:12:23We should not go on Facebook, on social media.
0:12:23 > 0:12:26Then we were like, uh-oh, something was wrong.
0:12:26 > 0:12:28By 7:00pm,
0:12:28 > 0:12:32Police Scotland confirmed that a 31-year-old man died and a female
0:12:32 > 0:12:35police officer was injured in the incident.
0:12:35 > 0:12:40Fife Divisional Commander Chief Superintendent Gary McEwan said...
0:12:49 > 0:12:52This does little to calm the concerns within the family
0:12:52 > 0:12:54about what happened to Sheku.
0:13:20 > 0:13:23I believe the very first time they came to my house,
0:13:23 > 0:13:25they knew exactly what happened.
0:13:27 > 0:13:29You can't come and tell me one thing,
0:13:29 > 0:13:31the next minute you're telling me another thing.
0:13:31 > 0:13:34How do you expect me to believe that?
0:13:34 > 0:13:36Which one of these stories is right?
0:13:37 > 0:13:41As is practise in serious incidents involving the police,
0:13:41 > 0:13:42the Crown Office calls in
0:13:42 > 0:13:46the Police Investigations and Review Commissioner, the PIRC.
0:13:46 > 0:13:50Their team is on the scene within hours of Sheku's death.
0:13:51 > 0:13:56We've put our faith in the PIRC to do a full investigation.
0:13:57 > 0:14:03And we believe that we will get the truth.
0:14:03 > 0:14:06We believe, cos we've put our faith in the PIRC.
0:14:10 > 0:14:12You got that letter from the Lord Advocate?
0:14:12 > 0:14:15On Monday, confused by the conflicting stories
0:14:15 > 0:14:17they are getting,
0:14:17 > 0:14:21the family contact lawyer Aamer Anwar.
0:14:21 > 0:14:25Within 24 hours of Sheku having died,
0:14:25 > 0:14:28the whole family came to see me.
0:14:28 > 0:14:30There was Ade, it was Sheku's sister,
0:14:30 > 0:14:34it was Collette, it was other family members,
0:14:34 > 0:14:38must have been about 11 people.
0:14:38 > 0:14:39The family were very respectable.
0:14:39 > 0:14:42They were middle class.
0:14:42 > 0:14:46Intelligent. They appeared to be asking the right questions,
0:14:46 > 0:14:49their questions were focused but, obviously, they were upset
0:14:49 > 0:14:52and simmering underneath that was anger.
0:15:04 > 0:15:08The family simply asked for answers for what happened that morning.
0:15:08 > 0:15:12Sheku Bayoh's family say that without the word truth,
0:15:12 > 0:15:14there can be no justice.
0:15:14 > 0:15:20I would like everybody in respect of Sheku Bayoh,
0:15:20 > 0:15:23for two minutes' silence
0:15:23 > 0:15:25to start. Thank you.
0:15:40 > 0:15:43The family of a man who died in police custody in Fife
0:15:43 > 0:15:46earlier this month, are seeking the truth about what happened to him.
0:15:46 > 0:15:49The family of Sheku Bayoh gathered this morning
0:15:49 > 0:15:50for an emotional press conference.
0:15:50 > 0:15:53The first press conference was on May the 14th,
0:15:53 > 0:15:56so there had been just under two weeks
0:15:56 > 0:16:01had been given to the PIRC and to Police Scotland
0:16:01 > 0:16:04and to the Crown Office to respond.
0:16:04 > 0:16:07The family had growing concerns that
0:16:07 > 0:16:10things were not going well and they realised
0:16:10 > 0:16:12they need to put pressure on.
0:16:12 > 0:16:18Because it's quite clear that unless the spotlight is put on,
0:16:18 > 0:16:21unfortunately, these things tend to disappear.
0:16:21 > 0:16:24And that, normally for families,
0:16:24 > 0:16:27unfortunately, stinks of a cover-up.
0:16:29 > 0:16:32I want to know the whole truth of the circumstances surrounding
0:16:32 > 0:16:36his death, so that one day I can explain to my son, Isaac Bayoh,
0:16:36 > 0:16:39why he has had to grow up without his daddy.
0:16:41 > 0:16:43Soon after the press conference,
0:16:43 > 0:16:46a statement on behalf of the Police Federation,
0:16:46 > 0:16:49which represents police officers, is made.
0:17:03 > 0:17:07To say that Shek was very large, I was like, "Is this a joke?"
0:17:07 > 0:17:09He's not very large.
0:17:09 > 0:17:13And to portray him to be violent,
0:17:13 > 0:17:19I just felt they were trying to make him out to be this big, terrible,
0:17:19 > 0:17:21ugly monster, which was...
0:17:21 > 0:17:23It was far from the truth.
0:17:27 > 0:17:30By this stage, piecing together different accounts,
0:17:30 > 0:17:34the lawyer begins to establish another version of the events
0:17:34 > 0:17:36leading to Sheku's death.
0:17:45 > 0:17:49The police received reports about quarter past seven
0:17:49 > 0:17:54of a black male walking down the street, acting erratically.
0:17:54 > 0:17:58Some reports of him carrying a knife. Sheku.
0:18:02 > 0:18:04Police cars were dispatched.
0:18:04 > 0:18:07The first two male officers to arrive on the scene approach Sheku.
0:18:07 > 0:18:09He wasn't brandishing a knife.
0:18:09 > 0:18:11He wasn't carrying a knife.
0:18:12 > 0:18:16The first officer pulled out his CS spray. Discharged it at Sheku.
0:18:16 > 0:18:20This CS spray, it's claimed, disorientated the officer,
0:18:20 > 0:18:22flew back in his own face.
0:18:22 > 0:18:24The other officer then used his spray.
0:18:24 > 0:18:28Sheku appears to try and walk away.
0:18:28 > 0:18:31Two other officers arrive, a male and female officer,
0:18:31 > 0:18:35the male officer also discharged his CS spray.
0:18:35 > 0:18:37He also uses his baton.
0:18:37 > 0:18:41There was a scuffle.
0:18:41 > 0:18:44Sheku is alleged to have attacked the female officer.
0:18:44 > 0:18:48Within 30 seconds of their first contact with Sheku,
0:18:48 > 0:18:50he is brought down to the ground.
0:18:50 > 0:18:54This female officer is able to get up and walk away.
0:18:54 > 0:18:58Within a minute, a minute and a half, officers are holding him down.
0:18:58 > 0:19:01He has leg restraints,
0:19:01 > 0:19:06ankle restraints and handcuffs applied to him.
0:19:06 > 0:19:08Within two minutes or so, he's lost consciousness,
0:19:08 > 0:19:10never to regain consciousness again.
0:19:18 > 0:19:22The Police Investigations and Review Commissioner
0:19:22 > 0:19:24was established in 2013
0:19:24 > 0:19:27as a response to the creation of Police Scotland.
0:19:27 > 0:19:30The team is made up of a small group of investigators,
0:19:30 > 0:19:34under the leadership of Commissioner Kate Frame.
0:19:34 > 0:19:38About 50% of the investigating team are former police officers.
0:19:38 > 0:19:43The Sheku Bayoh case is one of their first major tests.
0:19:43 > 0:19:46Within the first 48 hours, the PIRC advise the family
0:19:46 > 0:19:48that police officers had refused
0:19:48 > 0:19:51to provide statements to their investigating officers.
0:19:51 > 0:19:53That caused great concern, it caused shock.
0:19:53 > 0:19:56These nine officers, within a few hours of Sheku's death,
0:19:56 > 0:19:58are allowed to return to the police station,
0:19:58 > 0:20:01are kept in the same room as each other,
0:20:01 > 0:20:04yet the investigating officers are not allowed to even speak to them,
0:20:04 > 0:20:06are not even allowed to take statements from them and then
0:20:06 > 0:20:08it takes the family to campaign
0:20:08 > 0:20:13and to raise this issue day in, day out, until 32 days later,
0:20:13 > 0:20:15the PIRC are then successful
0:20:15 > 0:20:17in getting statements from the police officers.
0:20:17 > 0:20:21Why were they not suspended without prejudice and given an order that
0:20:21 > 0:20:23they must not speak to each other?
0:20:24 > 0:20:29On the 5th of June 2015, the PIRC issues a statement.
0:20:41 > 0:20:46While the PIRC presses ahead with the investigation,
0:20:46 > 0:20:50the family commissions independent experts of its own.
0:20:53 > 0:20:56We instructed Dr Nat Cary,
0:20:56 > 0:21:00one of the UK's foremost forensic pathologists,
0:21:00 > 0:21:04and he's the foremost expert on positional asphyxiation,
0:21:04 > 0:21:07which is one of the issues that was being looked into,
0:21:07 > 0:21:10whether Sheku Bayoh died because of asphyxiation.
0:21:21 > 0:21:24We felt suspicious, because...
0:21:24 > 0:21:29the day he passed away, we had those different stories, so from then on,
0:21:29 > 0:21:31the trust was out of the window.
0:21:33 > 0:21:36They asked us that same night to go and identify the body.
0:21:36 > 0:21:38My mother was in London.
0:21:38 > 0:21:41We were arranging for her to come up the next day and we did say to them
0:21:41 > 0:21:46that as soon as she comes, we'll let them know and we'll make
0:21:46 > 0:21:49the arrangements to go and view the body first,
0:21:49 > 0:21:53before the postmortem was carried out. And they agreed.
0:21:54 > 0:21:57The postmortem takes place without their knowledge
0:21:57 > 0:22:01and before the family can see Sheku's body.
0:22:01 > 0:22:05That's a bit... You know, that was hurtful.
0:22:05 > 0:22:08Maybe they didn't care about our feelings.
0:22:12 > 0:22:15In the immediate aftermath of the incident,
0:22:15 > 0:22:19pathologists are unable to provide a conclusive cause of death.
0:22:30 > 0:22:36Five weeks after his death, and with many questions still unanswered,
0:22:36 > 0:22:39Sheku Bayoh is finally laid to rest.
0:22:48 > 0:22:51To the family of the late Sheku Bayoh,
0:22:51 > 0:22:56and friends, to all of you here,
0:22:56 > 0:22:57I bring
0:22:57 > 0:23:02condolences and sorrows from our president,
0:23:02 > 0:23:06Dr Ernest Bai Koroma and the people of Sierra Leone.
0:23:06 > 0:23:08So sorry about this incident.
0:23:11 > 0:23:13Brother Sheku, he's left this world.
0:23:13 > 0:23:16He's left us a reminder that one day
0:23:16 > 0:23:20we will also go on this journey and the question we have to all ask,
0:23:20 > 0:23:22"What am I taking with me?"
0:23:22 > 0:23:25Because nobody takes nothing from this world.
0:23:25 > 0:23:29And the only thing that's going to go with you is your deeds,
0:23:29 > 0:23:30good or bad.
0:23:35 > 0:23:38To be honest, I felt like I was burying myself.
0:23:42 > 0:23:44Shek was not just a friend.
0:23:46 > 0:23:48He was a brother to me.
0:23:48 > 0:23:51Family. I wish I could just take back time.
0:24:02 > 0:24:05I couldn't really hold it in any more. It was just...
0:24:05 > 0:24:08incredible sadness
0:24:08 > 0:24:11and there was no way of stopping... just really emotional.
0:24:15 > 0:24:18But I guess it's because we were really saying goodbye.
0:24:54 > 0:24:59The family decides to launch a wider campaign and seeks advice from other
0:24:59 > 0:25:02families whose loved ones have died in police custody.
0:25:04 > 0:25:06There's families from England who have been struggling for years
0:25:06 > 0:25:09because their brothers, their sons, died in police custody.
0:25:09 > 0:25:12Some of those families were instrumental in forcing
0:25:12 > 0:25:15the Home Secretary to order an independent review into deaths
0:25:15 > 0:25:17in custodies in England and Wales.
0:25:19 > 0:25:24Marcia Rigg's brother Sean died in Brixton police station in 2008.
0:25:25 > 0:25:28I'll tell you a little bit more about Sean's case,
0:25:28 > 0:25:33which was similar to some of the things mentioned earlier on...
0:25:33 > 0:25:35Following an initial investigation
0:25:35 > 0:25:38by the Independent Police Complaints Commission
0:25:38 > 0:25:43in England that cleared police, an inquest jury found unsuitable force
0:25:43 > 0:25:46had been used in Sean's arrest.
0:25:46 > 0:25:49We found that they were lying in every part.
0:25:49 > 0:25:51Everything they told us wasn't true.
0:25:51 > 0:25:55And we had to meticulously go through the CCTV.
0:25:55 > 0:25:58The place was full of CCTV but nothing works.
0:25:58 > 0:26:01Even the hospital. It's a brand-new hospital.
0:26:01 > 0:26:02It's a year-old hospital.
0:26:02 > 0:26:06The CCTV in the A&E is not working.
0:26:06 > 0:26:11We were able to view the CCTV as a family. The family were allowed.
0:26:11 > 0:26:14But we brought other people with us, so we had our
0:26:14 > 0:26:16legal team, a solicitor,
0:26:16 > 0:26:18and we brought one or two friends
0:26:18 > 0:26:22so that when we were watching it, people, different people
0:26:22 > 0:26:24would pick up different things.
0:26:24 > 0:26:27Because we weren't allowed to take the CCTV with us,
0:26:27 > 0:26:28and we watched it...
0:26:28 > 0:26:31And it was the raw deal.
0:26:31 > 0:26:35And so we remembered certain things that we'd seen and heard because it
0:26:35 > 0:26:38was all so out of order.
0:26:38 > 0:26:40When you hear from Marcia,
0:26:40 > 0:26:42it does let us know that we are not
0:26:42 > 0:26:44the only family that's going through
0:26:44 > 0:26:45what we are going through.
0:26:45 > 0:26:47They have been through it.
0:26:47 > 0:26:51And with us sharing the grief, it does help us, in a way.
0:26:51 > 0:26:54But we still don't know the truth and we need more information.
0:26:54 > 0:26:58But talking to them does help a lot, so we know what to expect,
0:26:58 > 0:27:01what to look for, how to prepare ourselves.
0:27:01 > 0:27:02You will get the truth.
0:27:02 > 0:27:07The medical evidence, his body, the photographs,
0:27:07 > 0:27:09the autopsy pictures and so forth.
0:27:09 > 0:27:12You will get the truth of how he died.
0:27:12 > 0:27:14If you get...
0:27:14 > 0:27:17justice afterwards, you're going to have to really fight for that.
0:27:17 > 0:27:19But you will find out how he died.
0:27:19 > 0:27:23We just have to three be strong as sisters now.
0:27:23 > 0:27:28And, you know, work as a team for our mother and for the two boys.
0:27:28 > 0:27:31We know it's not going to be easy. We know it's going to be tough.
0:27:31 > 0:27:36But with their support and the strength they've given us,
0:27:36 > 0:27:38we will be able to move on.
0:27:38 > 0:27:40If they didn't do anything wrong...
0:27:40 > 0:27:42- The pain is not knowing.- Yeah.
0:27:42 > 0:27:46That's what would make us keep up the fight.
0:27:46 > 0:27:47Because we don't know.
0:27:47 > 0:27:53Encouraged, the family launch a series of events to raise awareness.
0:27:53 > 0:27:56- CROWD:- Sheku Bayoh!
0:27:56 > 0:27:58The campaign is going good.
0:27:58 > 0:28:01The campaign is really important.
0:28:01 > 0:28:03I find it difficult
0:28:03 > 0:28:07because I'm trying to grieve for him but then I'm always busy,
0:28:07 > 0:28:10I'm always going here, there and everywhere,
0:28:10 > 0:28:13doing everything. But I know it's so important.
0:28:13 > 0:28:15- CROWD:- Sheku Bayoh!
0:28:15 > 0:28:19I don't feel like we're ever going to get the justice, although we're
0:28:19 > 0:28:23fighting for the justice, I don't know if we're ever going to get it.
0:28:24 > 0:28:27Where's your legs...?
0:28:27 > 0:28:30But having moved in with her mum and dealing with new motherhood,
0:28:30 > 0:28:34Collette is finding it hard to maintain her presence at meetings.
0:28:36 > 0:28:42Losing Shek...how I did, is difficult.
0:28:42 > 0:28:44Erm...
0:28:44 > 0:28:47I don't like to think of him like that.
0:28:47 > 0:28:51Every time we do a campaign, it's...
0:28:51 > 0:28:54You're reminded of the pain that he went through.
0:28:54 > 0:28:56It's hard.
0:28:59 > 0:29:04I need to just find strength to be able to carry on.
0:29:04 > 0:29:07I know it's what Shek would have wanted as well.
0:29:07 > 0:29:10Yay!
0:29:10 > 0:29:11Good job.
0:29:13 > 0:29:15In August 2015,
0:29:15 > 0:29:19new information comes to light that suggests police officers may have
0:29:19 > 0:29:23thought they were responding to a terrorist attack that morning.
0:29:24 > 0:29:27I understand the information came from the police officers themselves.
0:29:27 > 0:29:30They believed that they were under a terrorist attack.
0:29:30 > 0:29:32But it doesn't make any sense.
0:29:32 > 0:29:35If you think you're under terrorist attack, you press the button
0:29:35 > 0:29:37and say, "We've got a terrorist here. All units out."
0:29:37 > 0:29:40So, one wonders, why would an officer say
0:29:40 > 0:29:42that he's under a terrorist attack,
0:29:42 > 0:29:47other than to say the force he is using, even if it's excessive,
0:29:47 > 0:29:49is legitimate.
0:29:50 > 0:29:54The PIRC completes her interim report to the Crown Office
0:29:54 > 0:29:58but with it comes a blow for the family.
0:29:58 > 0:30:02The toxicology report reveals that traces of the drug MDMA
0:30:02 > 0:30:09and a psychostimulant called A-PVP have been found in Sheku's blood.
0:30:09 > 0:30:12A-PVP has been linked to erratic behaviour.
0:30:14 > 0:30:20When I heard about the toxicology report, I was...really hurt.
0:30:20 > 0:30:22Erm...
0:30:22 > 0:30:24I don't agree with drugs whatsoever.
0:30:24 > 0:30:27The Bayoh family have stated from day one
0:30:27 > 0:30:30that Sheku Bayoh acted out of character that morning.
0:30:30 > 0:30:34But then nothing's going to ever change the love that I had for Shek
0:30:34 > 0:30:38and certainly just because of the toxicology report.
0:30:38 > 0:30:40That is not what killed him.
0:30:44 > 0:30:46For me...
0:30:46 > 0:30:51I'm not going to accept anything on the death certificate other than
0:30:51 > 0:30:52positional asphyxiation.
0:30:52 > 0:30:55Because if it wasn't for coming into contact with the police,
0:30:55 > 0:30:57Shek would still be here.
0:30:59 > 0:31:02Sheku Bayoh's death certificate
0:31:02 > 0:31:04cites the cause of death as
0:31:04 > 0:31:09"sudden death in a man intoxicated by MDMA and A-PVP,
0:31:09 > 0:31:12"whilst being restrained."
0:31:13 > 0:31:17Whether they're taking drugs or whether they are found carrying
0:31:17 > 0:31:20a knife, police officers who attend are entitled to use force
0:31:20 > 0:31:25but it has to, at all times, be reasonable, it has to be legitimate
0:31:25 > 0:31:28and it has to be proportionate in the circumstances. If you find
0:31:28 > 0:31:33an individual who, when you respond, actually isn't carrying a knife...
0:31:33 > 0:31:35you deal with that appropriately.
0:31:35 > 0:31:38And if they are vulnerable,
0:31:38 > 0:31:41then the vulnerabilities have to be taken into account.
0:31:48 > 0:31:52That night, he'd been in contact with Zahid, we'd been discussing
0:31:52 > 0:31:56him coming up later on to watch the boxing after work -
0:31:56 > 0:31:59it was four o'clock in the morning it was due to be starting.
0:31:59 > 0:32:01He was going to be with Shek.
0:32:01 > 0:32:04He was going to the birthday party with him
0:32:04 > 0:32:07and the plan was for them to just head up when I got home.
0:32:14 > 0:32:17We ended up, Kirsty, my partner, and Zahid were having
0:32:17 > 0:32:21a conversation, and Shek and I were trying to have a conversation
0:32:21 > 0:32:25and it, sort of, was crisscrossing.
0:32:25 > 0:32:29I was aware that we were all trying to talk over each other.
0:32:29 > 0:32:32It was a bit disorientating.
0:32:32 > 0:32:36Shek, sort of, he seemed to be reacting a bit strangely to it.
0:32:39 > 0:32:44And then Zahid moved over to the couch
0:32:44 > 0:32:48so that he could speak to Kirsty.
0:32:48 > 0:32:54We began talking about a friend of Kirsty's.
0:32:54 > 0:32:59Shek seemed to misunderstand what was being said.
0:32:59 > 0:33:02He had said something that implied we were talking about him.
0:33:02 > 0:33:05And everybody was like, "No, no, of course not.
0:33:05 > 0:33:08"We're talking about so-and-so."
0:33:08 > 0:33:10He kept making remarks that weren't
0:33:10 > 0:33:13relevant to what we were talking about. It was like he was hearing
0:33:13 > 0:33:18something else. It just became really uncomfortable.
0:33:18 > 0:33:21We couldn't get through to him.
0:33:23 > 0:33:26The boxing was on but it was just on.
0:33:26 > 0:33:29We were just, sort of, staring at it.
0:33:31 > 0:33:35Zahid had went back over to sit next to Shek
0:33:35 > 0:33:39and he was saying to him, "Look, it's fine. You OK?"
0:33:39 > 0:33:43We ended up just sitting quiet. The atmosphere was changed completely.
0:33:44 > 0:33:47- INTERVIEWER:- Did you think he'd taken something?
0:33:47 > 0:33:49Erm...
0:33:49 > 0:33:52I thought that... I assumed that he had, due to his behaviour.
0:33:52 > 0:33:55I didn't see him take anything but,
0:33:55 > 0:34:00judging from his really strange behaviour, I did assume that he had.
0:34:03 > 0:34:06I'd never seen Shek
0:34:06 > 0:34:08behave like that before.
0:34:10 > 0:34:12One of the last things I remember him saying,
0:34:12 > 0:34:14he was standing up, he said,
0:34:14 > 0:34:17"I'm just an idiot. Sorry.
0:34:17 > 0:34:19"I'm just an idiot."
0:34:23 > 0:34:26Zahid hung around for,
0:34:26 > 0:34:28maybe, a minute. He said, "I'm sorry about this."
0:34:28 > 0:34:32I was like, "Look, it's fine. Just go with him."
0:34:33 > 0:34:36We assumed Shek was waiting at the car for him, or whatever,
0:34:36 > 0:34:40for them both to go down to Shek's house. But Shek had left on foot.
0:34:43 > 0:34:46Zahid had let me know that he had got him and they had went to
0:34:46 > 0:34:50Shek's house. At the back at six, half six in the morning.
0:34:50 > 0:34:56Zahid called me and he said, "Shek attacked me."
0:34:56 > 0:34:59I was telling him to calm down. "What's happened?" He said he was...
0:34:59 > 0:35:01He'd literally ran away from him.
0:35:01 > 0:35:05I said to him, "Tell me where you are and I'll come and get you."
0:35:05 > 0:35:09I picked him up and he told me Shek
0:35:09 > 0:35:12was sort of going in and out of understanding
0:35:12 > 0:35:14and Zahid was going to leave.
0:35:17 > 0:35:19And Shek had attacked him.
0:35:21 > 0:35:26We'd toyed with the idea of me knocking on the door and trying to
0:35:26 > 0:35:30see if he was OK. But based on everything that had happened
0:35:30 > 0:35:33we thought, we'll just leave him.
0:35:33 > 0:35:37There was no reason to believe he was going to leave the house at all.
0:35:41 > 0:35:43That's not him.
0:35:43 > 0:35:46He doesn't do things like that or else I would have known.
0:35:46 > 0:35:49People do it. They do it one time, it works for them,
0:35:49 > 0:35:53they do it one time, it doesn't work at all for them. So... You know.
0:35:57 > 0:36:01In Edinburgh, after finally being allowed a confidential viewing
0:36:01 > 0:36:03of the CCTV footage,
0:36:03 > 0:36:07the family takes its case to the Scottish Parliament.
0:36:07 > 0:36:10Collette has chosen not to view the footage.
0:36:10 > 0:36:13This morning, a heartbroken family
0:36:13 > 0:36:17watched the last moments of Sheku's life taken on CCTV footage.
0:36:17 > 0:36:20Members of Parliament, what are you going to do?
0:36:20 > 0:36:23We saw the brutal truth.
0:36:23 > 0:36:26We saw exactly what happened to our brother.
0:36:34 > 0:36:36Together with the CCTV footage,
0:36:36 > 0:36:40the medical evidence of the injuries to Sheku causes renewed anguish
0:36:40 > 0:36:45to the family, with around 30 injuries to his head and body.
0:36:46 > 0:36:48I knew how many injuries he had,
0:36:48 > 0:36:52I didn't know the extent to what they were and I didn't realise
0:36:52 > 0:36:55they were as bad as what they were.
0:36:55 > 0:36:58And when I seen the diagram of all the injuries,
0:36:58 > 0:37:02it broke my heart to think that my perfect man,
0:37:02 > 0:37:05and his perfect face, was so hurt.
0:37:08 > 0:37:12Until now, the family's been keen to see Sheku's death
0:37:12 > 0:37:14as an isolated incident.
0:37:14 > 0:37:18But a new report suddenly gives it a much wider significance.
0:37:21 > 0:37:24Good evening. Sheku Bayoh died after being arrested and restrained
0:37:24 > 0:37:27by police in Kirkcaldy five months ago.
0:37:27 > 0:37:30..it emerged one of the officers involved in his restraint
0:37:30 > 0:37:34- has a history of violence.- ..reveal allegations one of the police
0:37:34 > 0:37:37officers involved has a history of violence and racism...
0:37:37 > 0:37:40..tonight we name one of the officers involved,
0:37:40 > 0:37:43known until now only as Officer A,
0:37:43 > 0:37:46as PC Alan Paton from Kirkcaldy.
0:37:46 > 0:37:50We do this after members of his own family came forward to tell of the
0:37:50 > 0:37:55officer's alleged violent past, including a sustained attack on...
0:37:55 > 0:38:00..told the BBC that, as a teenager, Alan Paton held racist views.
0:38:00 > 0:38:03And, in the week since Sheku Bayoh's death,
0:38:03 > 0:38:05admitted to hating black people.
0:38:05 > 0:38:07Several months earlier, we'd actually advised the PIRC
0:38:07 > 0:38:10and the Lord Advocate that there was an officer we were repeatedly
0:38:10 > 0:38:12receiving information from,
0:38:12 > 0:38:14from members of the public and also members of his family.
0:38:14 > 0:38:17Unfortunately, the PIRC chose not to do anything about that.
0:38:17 > 0:38:21And, subsequent to that, a few months later, it appeared on the BBC
0:38:21 > 0:38:24about this individual, and it appeared in the newspapers.
0:38:26 > 0:38:30Subsequently, the Lord Advocate directed the PIRC to investigate
0:38:30 > 0:38:31allegations of racism.
0:38:41 > 0:38:45We start with an open mind, to find out whether
0:38:45 > 0:38:48this incident could happen to anyone.
0:38:48 > 0:38:50Regardless of race.
0:38:50 > 0:38:52But then, as time goes on,
0:38:52 > 0:38:58we have got specific information about racist attitudes,
0:38:58 > 0:39:02and that is why we are pointing the finger now on race.
0:39:04 > 0:39:07Because we know - I know -
0:39:07 > 0:39:10through my work and my experience,
0:39:10 > 0:39:14racism doesn't start just like that.
0:39:14 > 0:39:18It builds up. It starts from stereotypes,
0:39:18 > 0:39:22prejudice and then it comes into action.
0:39:22 > 0:39:27If somebody is racist and are now using the uniform,
0:39:27 > 0:39:31which has power, and then now he's using his power, his stereotype,
0:39:31 > 0:39:38his prejudice, and using that as a way of putting his authority,
0:39:38 > 0:39:42stamping his authority on somebody else, that is wrong.
0:39:43 > 0:39:48I believe that, with that behaviour, if somebody has got that behaviour
0:39:48 > 0:39:52they have mentioned to the family members,
0:39:52 > 0:39:57saying that they hate black people, and you've got a black man there,
0:39:57 > 0:39:59what chance have we got?
0:39:59 > 0:40:01What chance did Sheku have?
0:40:01 > 0:40:04- Hands up! - CROWD:- Don't shoot!
0:40:04 > 0:40:06- Hands up! - Don't shoot.
0:40:06 > 0:40:11Black deaths in police custody have been a major flash point in the US
0:40:11 > 0:40:13for the past two years,
0:40:13 > 0:40:17leading to the formation of the Black Lives Matter movement.
0:40:19 > 0:40:23The family are left wondering if events in America at the time
0:40:23 > 0:40:27had an impact on the aftermath of Sheku's death.
0:40:28 > 0:40:31When Shek died,
0:40:31 > 0:40:34that morning,
0:40:34 > 0:40:38they were like... "Holy hell, what we going to do?"
0:40:38 > 0:40:44A black man had died, Ferguson has just happened in America.
0:40:44 > 0:40:46Baltimore is still up and running.
0:40:46 > 0:40:50What the heck are we going to do? What do we say?
0:40:50 > 0:40:52- CROWD:- Black lives matter!
0:40:52 > 0:40:59Ripples from the Black Lives Matter movement spread to UK cities.
0:40:59 > 0:41:02Black Lives Matter is raising awareness about something
0:41:02 > 0:41:04that has been going on for centuries.
0:41:04 > 0:41:06..to bring to the media!
0:41:06 > 0:41:09They always point the finger of blame on the deceased.
0:41:09 > 0:41:12It's not the deceased that's always at fault.
0:41:12 > 0:41:15- CROWD:- Black lives matter!
0:41:15 > 0:41:21Look at the people that made this whole situation change,
0:41:21 > 0:41:25and now we have a deceased.
0:41:25 > 0:41:29There are a few bad apples in society.
0:41:29 > 0:41:33We need to get those few bad apples out and shame them.
0:41:33 > 0:41:36And then they might realise that what they were doing was wrong.
0:41:45 > 0:41:47Wow.
0:41:49 > 0:41:52Mmm! Oh, wow!
0:41:52 > 0:41:54Is that good?
0:41:54 > 0:41:56I've kind of hid myself away.
0:41:56 > 0:41:59I'm kind of not going to the shops.
0:41:59 > 0:42:01I don't go anywhere alone.
0:42:03 > 0:42:06I've become a little bit of a recluse. I'm trying to get myself
0:42:06 > 0:42:09back out there and it's just... I feel like when I go out,
0:42:09 > 0:42:13everybody's looking at me and they don't really say anything,
0:42:13 > 0:42:17they're just looking. Especially when I've got Isaac with me.
0:42:19 > 0:42:21It's all finished.
0:42:21 > 0:42:23I don't feel safe.
0:42:23 > 0:42:27I was supposed to have a meeting on the Monday night with the campaign.
0:42:27 > 0:42:28It was the first meeting
0:42:28 > 0:42:32that I was going to be going to for a long time.
0:42:32 > 0:42:34My tyres were slashed.
0:42:34 > 0:42:37And I found it a bit strange that I'd gone quiet
0:42:37 > 0:42:42and not been to any campaign or anything for a while and then,
0:42:42 > 0:42:46as soon as I'd gone to something and I was heading to something else,
0:42:46 > 0:42:48my tyres were slashed.
0:42:48 > 0:42:51Then I couldn't make it to that meeting.
0:42:51 > 0:42:55I don't know who it was. I don't know why.
0:42:55 > 0:42:57There was five other cars parked around me
0:42:57 > 0:43:02and it was only my front and back tyre that was slashed.
0:43:03 > 0:43:05I didn't report it to the police.
0:43:09 > 0:43:11I'm concerned about Isaac.
0:43:11 > 0:43:15His dad was black, Isaac's mixed race. They thought that Shek
0:43:15 > 0:43:18was a terrorist, what are they going to think about Isaac?
0:43:23 > 0:43:27With the PIRC still investigating the case, the family
0:43:27 > 0:43:30are invited to meet the Commissioner, Kate Frame,
0:43:30 > 0:43:33but they leave dissatisfied.
0:43:33 > 0:43:35The second time we met PIRC,
0:43:35 > 0:43:38after all that had happened, we thought,
0:43:38 > 0:43:42what's the point in seeing them again? What's the point?
0:43:42 > 0:43:45I think they're out of their depth.
0:43:45 > 0:43:48It was almost like a stick-on extra after Police Scotland was created.
0:43:48 > 0:43:51And they do not have the resources
0:43:51 > 0:43:54and the facilities, and they've been, again and again,
0:43:54 > 0:43:58been found to be wanting and not having the capability,
0:43:58 > 0:44:00the initiative, the resources
0:44:00 > 0:44:05and robustness to carry out the investigation that is required.
0:44:05 > 0:44:08In response, the PIRC says...
0:44:23 > 0:44:27Although a fatal accident enquiry is normal in the circumstances,
0:44:27 > 0:44:31the family meet the First Minister to ask for a public enquiry
0:44:31 > 0:44:34so wider lessons can be learned.
0:44:34 > 0:44:37'What stood out for me in that meeting was
0:44:37 > 0:44:41'when Kadi spoke to Nicola about how she moved to Scotland,
0:44:41 > 0:44:43'how she brought up her children here,
0:44:43 > 0:44:45'and how her younger brother came to Scotland
0:44:45 > 0:44:46'and she thought he'd be safe.
0:44:46 > 0:44:49'And...
0:44:49 > 0:44:52'Black children growing up in Kirkcaldy always felt welcomed
0:44:52 > 0:44:54'and loved, and made Scotland their home.
0:44:54 > 0:44:59'But the most upsetting part of that meeting was when Kadi said,
0:44:59 > 0:45:00'"I want to leave Scotland."
0:45:00 > 0:45:04'And I could see Nicola was visibly moved and upset,
0:45:04 > 0:45:07'and said that she didn't become First Minister for this to happen
0:45:07 > 0:45:09'on her watch.'
0:45:25 > 0:45:29INDISTINCT CHAT
0:45:29 > 0:45:32In Kirkcaldy, cracks are beginning to appear in the relationship
0:45:32 > 0:45:37between the Bayoh family and Collette.
0:45:37 > 0:45:41- Give Mummy some.- Where's Mummy's? - Give Mummy some.
0:45:41 > 0:45:47Just before Christmas, his friends started a fund for his headstone
0:45:47 > 0:45:50as there was no headstone yet.
0:45:50 > 0:45:52We had all decided on a headstone -
0:45:52 > 0:45:56well, I thought we had agreed on the headstone, a black one.
0:45:56 > 0:45:58There was a bit of miscommunication
0:45:58 > 0:46:03about what everybody wanted for the headstone.
0:46:03 > 0:46:05So, basically,
0:46:05 > 0:46:08a stone had been chosen and then they didn't want that one any more.
0:46:08 > 0:46:12The headstone got put down anyway as it had all been written on and
0:46:12 > 0:46:17had been signed for so I put flowers down and then I went on holiday.
0:46:20 > 0:46:23We do appreciate them coming together, raising funds
0:46:23 > 0:46:26to do the headstone,
0:46:26 > 0:46:31which we were involved in, but it seemed like, nearer the time,
0:46:31 > 0:46:33we were just cut out altogether
0:46:33 > 0:46:37and they carried on doing what they wanted to do, which wasn't fair
0:46:37 > 0:46:38on our side.
0:46:41 > 0:46:45And then Jamie had texted me, saying they've taken the stone down.
0:46:47 > 0:46:51Which was really heartbreaking and I felt...
0:46:51 > 0:46:54really disgusted and really hurt by it.
0:46:57 > 0:47:00We are Africans, we do have culture,
0:47:00 > 0:47:04we do have a way that we do things.
0:47:04 > 0:47:08It was something to do with the colour because...
0:47:08 > 0:47:10for a young man, you don't choose black.
0:47:13 > 0:47:17When somebody dies, you see families have arguments,
0:47:17 > 0:47:21you see repercussions, you see blame games.
0:47:21 > 0:47:26In this situation, you've almost had an external process intervene where
0:47:26 > 0:47:29somebody has died, you don't know what's happened,
0:47:29 > 0:47:31you're fighting for justice, you're forced into the public domain,
0:47:31 > 0:47:34you're having to set up a campaign,
0:47:34 > 0:47:37you're in the spotlight and everything is being played out.
0:47:44 > 0:47:48One year on, friends and family gather to remember Sheku.
0:47:55 > 0:47:58It's been a roller-coaster ride for us. We've had our ups and downs.
0:47:58 > 0:48:03It hasn't been easy at all for the family to cope without him.
0:48:03 > 0:48:08We've got no answers and I've got my family life to deal with.
0:48:08 > 0:48:12I've got my work and I've got the campaign.
0:48:12 > 0:48:14I have to fight for justice
0:48:14 > 0:48:19and it seems that we're not getting anywhere. We don't know the truth.
0:48:21 > 0:48:25The PIRC did say that they would put in their reports at the beginning
0:48:25 > 0:48:28of the year and we're into May now and nothing has been done.
0:48:28 > 0:48:31Up until now, we're still waiting for answers.
0:48:31 > 0:48:33We want to know how our brother died.
0:48:33 > 0:48:37We want to know why - what was the motive behind that?
0:48:37 > 0:48:39We want to know his last words,
0:48:39 > 0:48:43so why are we being deprived of all these things?
0:48:46 > 0:48:48Hello.
0:48:48 > 0:48:53A year has gone by now without Sheku in our lives.
0:48:53 > 0:48:56We've all felt the pain.
0:48:56 > 0:48:58It's been a hard struggle.
0:49:07 > 0:49:10- VOICE BREAKING: - Our lives have changed.
0:49:20 > 0:49:22Our lives have changed.
0:49:25 > 0:49:28Sheku was a lovely boy, a bubbly guy,
0:49:28 > 0:49:31always bringing joy in our lives.
0:49:31 > 0:49:35Whenever my mum comes to Scotland, he's always there.
0:49:35 > 0:49:37We are always together.
0:49:37 > 0:49:42But this time, it's just me in Scotland and...
0:49:42 > 0:49:43the emptiness is there.
0:49:45 > 0:49:50Every day is hard in our lives without him.
0:49:57 > 0:49:59Thank you.
0:50:08 > 0:50:13For Collette, moving to a new house brings some bittersweet memories.
0:50:13 > 0:50:15When I moved into the house,
0:50:15 > 0:50:19it was obviously all new and...
0:50:19 > 0:50:21erm...
0:50:21 > 0:50:25just knowing that I was going to be getting all my things again,
0:50:25 > 0:50:30I was really anxious cos I didn't know how that would make me feel,
0:50:30 > 0:50:33getting all the things that would remind me of Shek
0:50:33 > 0:50:35but actually I found it very comforting.
0:50:36 > 0:50:42And obviously unpacking everything, everything was in twos.
0:50:42 > 0:50:45Like, unpacking Shek's cup and when I got my sofa,
0:50:45 > 0:50:49Shek used to sit at this side so this side all smelled like him
0:50:49 > 0:50:52but I found it actually really comforting.
0:50:59 > 0:51:04I feel like giving up sometimes because of the pressure, the strain
0:51:04 > 0:51:06it's put on me and my family,
0:51:06 > 0:51:09my health, my husband's health.
0:51:09 > 0:51:12Sometimes, you know, I feel like
0:51:12 > 0:51:15giving up and saying, what's the point?
0:51:15 > 0:51:20Will it go the way we want it to go
0:51:20 > 0:51:22or are we just wasting time?
0:51:22 > 0:51:25We are right to keep fighting, at least if not for anything,
0:51:25 > 0:51:28for the kids and for justice
0:51:28 > 0:51:32and the brutality he suffered and everything.
0:51:32 > 0:51:35We really want to keep up the fight but it's just a strain.
0:51:38 > 0:51:41No, we will keep going, we will keep going.
0:51:41 > 0:51:44We will do as much as we could.
0:51:44 > 0:51:47We want to see the end of this.
0:51:47 > 0:51:49Justice needs to be done.
0:51:49 > 0:51:52Somebody needs to be punished for their actions.
0:51:55 > 0:51:58On the 10th August 2016,
0:51:58 > 0:52:0116 months after Sheku's death,
0:52:01 > 0:52:04the PIRC Report is delivered to the Lord Advocate.
0:52:04 > 0:52:07Although that report remains confidential,
0:52:07 > 0:52:12the family meet their lawyer to discuss their next steps.
0:52:12 > 0:52:19How much force was used, how many of them were using the batons on him,
0:52:19 > 0:52:22and at that point, what damage had that caused?
0:52:22 > 0:52:25I think in terms of...
0:52:25 > 0:52:29all the experts who were looking at the question of restraint,
0:52:29 > 0:52:32and the heart basically stopping,
0:52:32 > 0:52:37all of them have considered the drug use,
0:52:37 > 0:52:39they've all considered the restraint techniques,
0:52:39 > 0:52:43they all seem to be pointing in the same direction, that, yes,
0:52:43 > 0:52:49drug use is a major reason but restraint is...
0:52:49 > 0:52:54is a contributory factor in Sheku's death.
0:52:54 > 0:52:58Those who represent the police are always going to argue it's the drugs
0:52:58 > 0:52:59that killed Sheku.
0:52:59 > 0:53:05Our argument is going to be that if Sheku had carried on walking on,
0:53:05 > 0:53:09then the drugs would have started to wear off. Perhaps, we don't know.
0:53:09 > 0:53:11We'll never know. The point being,
0:53:11 > 0:53:14he's not doing anything at that point, so when the police arrive,
0:53:14 > 0:53:17they have to treat appropriately.
0:53:17 > 0:53:20After Friday's meeting with Aamer,
0:53:20 > 0:53:21we felt really upset
0:53:21 > 0:53:24and heartbroken.
0:53:26 > 0:53:29The drug issue upsets us
0:53:29 > 0:53:33really bad and...
0:53:33 > 0:53:36that's what the police are using.
0:53:37 > 0:53:40Whatever the circumstances,
0:53:40 > 0:53:45we believe he would have been here today if they would have taken
0:53:45 > 0:53:48the measures that they were supposed to take.
0:53:48 > 0:53:53So, we're at that stage now that we need to...
0:53:53 > 0:53:56speak to Dr Nat Cary and other experts
0:53:56 > 0:54:01and get further reports on the back of what evidence
0:54:01 > 0:54:04that your legal team has been provided with.
0:54:04 > 0:54:09That meeting was a sweet and sour meeting.
0:54:09 > 0:54:12If you don't have the money, you're not going to get anywhere.
0:54:12 > 0:54:16If you don't get money, if you don't have money to pay for the experts,
0:54:16 > 0:54:18it's a waste of time.
0:54:18 > 0:54:19None of this is going to work.
0:54:19 > 0:54:23All the bills for their side to justify their side of the case
0:54:23 > 0:54:25is paid by the taxpayers.
0:54:27 > 0:54:28The family doesn't have that.
0:54:30 > 0:54:32The Crown Office says...
0:54:57 > 0:55:00INDISTINCT CHAT
0:55:03 > 0:55:05My health has suffered a lot.
0:55:05 > 0:55:08I have been stressed over
0:55:08 > 0:55:11the past years a lot.
0:55:11 > 0:55:13I have been in and out of hospital,
0:55:13 > 0:55:16I'm on medication and I believe
0:55:16 > 0:55:20I'll be on this medication for the rest of my life.
0:55:20 > 0:55:24The family are still trying to grieve. At the same time,
0:55:24 > 0:55:28the family are trying to create awareness of the incident.
0:55:28 > 0:55:30The family becomes the investigators,
0:55:30 > 0:55:33trying to investigate themselves to look for the truth.
0:55:33 > 0:55:35The thing is not to give up, to just keep going.
0:55:35 > 0:55:39It's extremely hard but we just have to keep going because we want
0:55:39 > 0:55:42answers and we want the truth.
0:55:45 > 0:55:49As 2016 turns to 2017,
0:55:49 > 0:55:53the family's lawyer arrives with some news.
0:55:53 > 0:55:57We are intending to launch a civil action against Police Scotland
0:55:57 > 0:56:00for what happened to Sheku that day.
0:56:00 > 0:56:02That will mean that we are able
0:56:02 > 0:56:04to ask the questions that we want to ask.
0:56:04 > 0:56:08How it came to be that he was handcuffed, ankle cuffed,
0:56:08 > 0:56:12you know, leg restraints, face down on the floor.
0:56:12 > 0:56:16What went on? Was it excessive violence that was used?
0:56:16 > 0:56:18Fundamental question -
0:56:18 > 0:56:22why did police officers feel the need to have this treatment of Sheku
0:56:22 > 0:56:25that day, and did it result in the death?
0:56:25 > 0:56:29Now, that's all areas that will arise in a potential civil action
0:56:29 > 0:56:34but we've got a very senior counsel, an advocate who's very experienced,
0:56:34 > 0:56:37who's worked both as Crown counsel, as a prosecutor,
0:56:37 > 0:56:40but also deals with civil actions, so I think this year,
0:56:40 > 0:56:43within the next few months, we're looking at a major shift
0:56:43 > 0:56:47in the direction that we're going in, rather than just sitting,
0:56:47 > 0:56:49waiting for them to do something,
0:56:49 > 0:56:53so it's a question of what we are going to do next.
0:56:53 > 0:56:57We want justice to be done, we want to know the truth,
0:56:57 > 0:57:01we want to know what happened to our brother, so we do welcome that.
0:57:01 > 0:57:08We were basically worn down with the past six months of just negativity,
0:57:08 > 0:57:10going through and the delay
0:57:10 > 0:57:15and this is a real welcome boost for the family.
0:57:15 > 0:57:19Mum will be happy that something is being done,
0:57:19 > 0:57:21something is going to be done.
0:57:33 > 0:57:36If Shek had not met the police
0:57:36 > 0:57:38or had not come in contact with the police that day,
0:57:38 > 0:57:42will he be alive or will he still be dead?
0:57:42 > 0:57:44I believe he will still be alive.
0:57:44 > 0:57:46I loved him more...
0:57:46 > 0:57:49regardless of what he had done.
0:57:49 > 0:57:51Erm...
0:57:51 > 0:57:56and I still thought, taking drugs doesn't warrant you being killed.
0:57:56 > 0:58:01The bottom line is, if they had left Sheku to walk down the street,
0:58:01 > 0:58:04if they hadn't met with Sheku,
0:58:04 > 0:58:07would he have just walked down and died on the street on his own,
0:58:07 > 0:58:11or would he have just sat in his house and died on his own?
0:58:11 > 0:58:14That's where the question is.