Deputy Prime Minister Kate Forbes has been urged to extend the mandate of an inquiry into the death of a man in police custody nine years ago.

Aamer Anwar, who represents Sheku Bayoh’s family, said the move was necessary for the investigation to achieve its goal.

Mr Bayoh, 31, died in 2015 after being arrested in Kirkcaldy, Fife.

The Crown Office has decided not to take legal action against the officers involved following an investigation.

The ongoing public inquiry, before Lord Bracadale, is examining the circumstances of Mr Bayoh’s death, including whether race was a factor in police actions.

Mr Anwar claimed on Thursday that the Police Investigation and Review Commissioner (Pirc) and the Crown Office “failed” to fulfill their respective roles in the days following Mr Bayoh’s death.

He said the family was waiting for Forbes to expand the warrant to include how the Crown made its decisions during the prosecution process, and claimed the investigation was not fit for purpose without being able to do so.

The lawyer said: “For over nine years the family have campaigned for truth and justice, including for a public inquiry.

“It is now clear, after two years of investigation, that the inquiry cannot carry out its mission without an extension of its mandate.”

He said the Bayoh family met with Forbes over the summer and contacted her four times between September and November to detail their request for an extension of the mandate.

He told reporters there had been a “fundamental failure” by the Crown Office in understanding the factual evidence, providing “wrong and biased” instructions to witnesses and a “complete failure” in examination of the question of race.

Mr Anwar said: “We consider that these factors will be an integral part of the decision not to prosecute and that the only way to determine whether that decision was flawed would be to allow the public inquiry to examine it.

“If the Crown had listened to our repeated submissions between 2015 and 2019, a public inquiry would not have been necessary and the family believes they should have faced criminal charges.

“The law makes it clear that the chair (of the inquiry) is the person best placed to answer this question in an informed and impartial manner.

“Final submissions were due to take place this week, but due to the delay in decision-making by the Deputy Prime Minister, this timetable has been suspended.

“To be frank, the work of the inquiry cannot be done without the mandate being extended – why would the Crown Office want the spotlight to be on its own failures?

“Why would the Scottish Police Federation or Police Scotland want to help the public inquiry lift the veil, which could ultimately lead to the possibility of their clients being prosecuted?

Mr. Anwar concluded by saying that the Bayoh family deserves answers, adding: “Unanswered questions do not go away, they fester, grow and act against the public interest. »

A spokeswoman for the inquiry said: “As Lord Bracadale has always stated, the families of Sheku Bayoh are at the heart of the inquiry.

“An important part of that commitment is providing them with the opportunity to meet with the president from time to time. Lord Bracadale held a private meeting with members of the family today.

“Mr Bayoh’s families have requested an extension of the mandate. The president did not request an extension. The Deputy Prime Minister consulted the President in accordance with the legal obligation to do so and he responded on 18 November. The decision whether or not to extend the term rests with Scottish ministers.

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 reserved the right to prosecute should evidence to support this become available.

“The consequences of the changes to the terms of reference could be significant, not only for this investigation but for any matter involving a decision not to prosecute.

“The Crown continues to support the investigation and respect the position of the Bayoh family, and is carefully considering the requests made. The Crown’s position will be shared through appropriate channels as soon as possible.

A Scottish Government spokesperson said: “Following the family’s request to extend the terms of reference for the investigation, the Scottish Government has begun the process of gathering views, including consulting with the Chairman of the Scottish Government. ‘investigation.

“All relevant issues will be considered thoroughly and carefully. This work is in progress and a decision will be made as soon as possible.

Pirc has been contacted for comment.

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