Scottish justice system institutionally racist, lawyer tells Bayoh inquiry

A human rights lawyer has branded Scotland's criminal justice system institutionally racist while giving evidence to the Sheku Bayoh inquiry.

Aamer Anwar also told the inquest that providing free legal advice to the family of Mr Bayoh, who died in police custody, was putting his business at risk.

Mr Bayoh, 31, a father of two, died after being held on the ground by police officers in Kirkcaldy, Fife, on May 3, 2015.

The investigation focused on the circumstances of his death and whether race was a factor.

His family received pro bono legal assistance from human rights lawyer Aamer Anwar for five years before an investigation was announced, and Mr Anwar paid tribute to Mr Bayoh, who would have celebrated his 41st birthday on Monday, saluting the family's tenacity and tenacity. perseverance.

Mr Anwar, 56, from Liverpool, described the Scottish justice system as institutionally racist and said at least 50% of his caseload was devoted to the case.

He said he was warned by Imran Khan KC, who represented the family of murdered teenager Stephen Lawrence, not to respond to racism.

He also said he was warned by Michael Mansfield KC: It's good for me, I'm white, I'm middle class. I am seen as a knight in shining armor who comes to the rescue of poor and vulnerable black people. But when you do it, Aamer or Imran does it, you play the race card, you have to be ready to be attacked.

Testifying Tuesday, Mr. Anwar said he had received death threats and had to move because of his job, suffered from paranoia and was placed under police surveillance, which he called illegal, but said he did not file a formal complaint because of the risk. to distract attention from the matter.

Mr Anwar said he told the family we could not publicly mention the word racism, which made them so angry they considered not giving him instructions, the court heard. investigation, and that he advised them to trust the Crown Office and the Police Investigation and Review Commissioner (Pirc). .

Mr Anwar said: “Fundamentally, all have failed to deliver justice. This country’s criminal justice system is institutionally racist.

In a statement, Mr Anwar said Kenny MacAskill, a former Scottish Justice Secretary, had claimed he chose controversial cases because they were good for business, which Mr Anwar had rejected, saying he feared his business does not survive due to the pressures of volunteer work. on the Bayoh affair.

Mr Anwar said: People say you are paranoid. I know exactly how they look at me and talk about me, and what they say about me behind my back. Imran Khan said you will be attacked, they will come for you, don't respond because you will fall into the trap of what the state is doing.

Sheku Bayoh died in 2015 (family document/AP)

It wasn't good for business, it was bad for business.

He said the impact of the affair had been traumatic and he had suffered professional attacks and suffered a nervous breakdown.

The inquest heard Mr Anwar warned the Bayoh family not to carry out door-to-door inquiries, expecting Pirc to do so. However, Mr Anwar claimed this never happened.

He also said that an autopsy, which the family had requested to be postponed so that family members could attend, was still carried out.

Mr Anwar said: We now know that police were present when they should not have been, but the family had no right to be present.

This wasn't an inquest into a death in custody, it was amateur hour for Pirc.

Mr Anwar said he was informed of the possibility of police surveillance by Mr Khan KC and discovered during the investigation that this had occurred.

He said: I have been the subject of targeted surveillance. If it was a white lawyer doing the work I do, would that be acceptable or would there be an outcry?

Because this is Aamer Anwar and the death of a black man, there is no outrage.

Lawyer Aamer Anwar (second left) arrives at Capital House, Edinburgh, for the inquest (Jane Barlow/PA)

A text message from Mr Anwar to Lord Mulholland, then Lord Advocate, on May 5, 2015, just before 10am, expressed concern that the situation was deteriorating, followed by a verbal discussion about the request to wait for carry out the autopsy. Ms Bayoh arrived, which was agreed, according to the investigation.

However, during an afternoon meeting between Mr. Anwar and the family, a phone call with Pirc revealed that the autopsy had already taken place, which visibly upset and angered the relatives, according to the investigation.

He heard that a liaison officer to Pirc's family later claimed that Mr Anwar had been informed on May 4 that the autopsy had taken place, which the lawyer called completely absurd and said that Lord Mulholland was surprised that the autopsy had taken place.

In a statement, Mr Anwar said no satisfactory explanation had been given, adding: “This was one of many problems with Pirc that broke trust.

Mr Anwar told the inquest: What was the rush? They didn't tell me that morning either. After the Los Angeles intervention, it's like it's gone.

A meeting took place with Pirc on May 6 during which the cause of death was stated as uncertain, according to the inquest.

Lord Bracadale, chairman of the inquiry, said: I want to acknowledge the enormous amount of work you have put into this case over the years.

A spokesperson for the Crown Office and the Procurator Fiscal Service said: The Crown has considered the death of Sheku Bayoh in great detail and has ordered appropriate lines of inquiry.

After careful consideration, and then further review, of all available evidence by Scotland's most senior prosecutors, it has been concluded that there should be no prosecution in this case.

Although the available evidence would not support a criminal prosecution, the Crown reserved the right to prosecute if supporting evidence became available.

Day in and day out, Scottish prosecutors carry out their responsibilities with professionalism and competence. They make difficult decisions and do so independently, rigorously and in accordance with the evidence. They guarantee the public interest in a fair and efficient administration of justice.

The Crown Office and the Procurator Fiscal Service fully support the investigation and do not consider it appropriate to comment on the evidence.

The investigation continues in Edinburgh.

Police Scotland said it would not be appropriate to comment on the evidence presented at the inquest, but said Chief Constable Jo Farrell underlined her continued commitment to building an anti-racist and anti-discrimination service that responds to all communities at a Scottish Council meeting. Police authority in May.

A Pirc spokesperson said: It would be inappropriate to comment while the public inquiry is ongoing.

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