Officer used 'deadly or lethal force' to save colleague being attacked by Sheku Bayoh

The amount of force used to restrain Sheku Bayoh before he died in custody was justified, an inquiry into his death was told.

Pc Ashley Tomlinson said he used the highest level of police force – level 5, known as “deadly or lethal force” – when attempting to restrain the 31-year-old after he believed Bayoh had killed his colleague, Pc Nicole Short, in Kirkcaldy, Fife, in May 2015.

The inquiry was told this level of force has the potential to cause serious injury or even death when it is applied, “and in all circumstances must be proportionate to the perceived threat and degree of jeopardy involved”.

Mr Tomlinson said he struck Bayoh in the head with his baton after he claimed the detainee punched Ms Short in the back of the head causing her to fall onto the ground before “stomping on her back”.

Sheku Bayoh died in custody after police received multiple 999 calls about a man armed with knife in Kirkcaldy, Fife

He said: “When I perceived that Pc Short was about to be killed it was level 5 because I was under the genuine belief that he had or was in the process of killing Pc Short.”

Angela Grahame QC, senior counsel to the inquiry, asked: “Do you consider that the situation you’ve described was one where the use of deadly force was justified?”

Pc Tomlinson replied: “I do.”

The police officer said he felt Bayoh was displaying the most serious category of resistance – level 6 – where “the perceived threat is that of serious injury or life threatening”, and can be with or without a weapon.

Former PC Nicole Short's Police Scotland colleague believed Sheku Bayoh had killer her

He said: “His (Bayoh’s) actions towards Pc Short were that I thought he was going to kill her.

“We had reports of a knife as well.”

He did not see a knife, but added: “There’s an opportunity to produce it from a concealed location.”

The inquiry previously heard from witnesses who dialled 999 after seeing Bayoh with a large knife, chasing cars as they drove past.

His family believe race played a part in his death, which the inquiry is investigating, along with examining the immediate circumstances leading to the death of Mr Bayoh, how the police dealt with the aftermath, and the following investigation.

The inquiry continues.