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Police giving evidence at Sheku Bayoh inquiry will not be protected from prosecution
28.03.2022 - 15:19 / dailyrecord.co.uk
Police officers giving evidence at an inquiry into the death of Sheku Bayoh will not be protected from potential prosecution, one of Scotland's most senior lawyers has ruled.
But the move means officers might refuse to give evidence on the grounds that they could incriminate themselves if they were found to have broken the law.
A public inquiry will open in May into the death of the 31-year-old in May 2015 after he was restrained by police who were responding to a call in Kirkcaldy, Fife.
The inquiry asked the Crown to give undertakings to 12 named officers that it will not use any evidence they provide against them in any prosecution which might arise over the events surrounding Mr Bayoh's death, and the post-incident management.
However, Solicitor General Ruth Charteris QC said she is not satisfied that it is in the public interest to grant that request.
She said: "I respect the request from the inquiry and the views of the core participants in relation to this.
"Prosecutors must consider all cases on their individual facts and circumstances and act in the public interest.
"I have considered all the information available to me, and I am not currently satisfied that it is in the public interest to grant the undertakings.
"It is not known if officers will invoke their right to claim privilege against self-incrimination.
"Nor is it known what impact any such claim would have on the totality of the evidence available to the inquiry.
"I will give individual consideration to any future request for an undertaking should it become clear that the inquiry will be prevented from fulfilling its terms of reference."
Lawyers for the Scottish Police Federation and officers involved in the case previously said they wanted an undertaking
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