A court battle between Police Scotland and a force trade union boss over the death of Sheku Bayoh has cost taxpayers £50,000.
Senior officers took disciplinary action against Calum Steele following a Twitter post in which he was accused of making fun of the dad of two who died after being detained.
Steele – general secretary of the Scottish Police Federation (SPF) representing 18,000 officers and who holds the rank of constable – in turn instructed lawyers to defend his social media activity.
Figures released under Freedom of Information last week show the cost to Police Scotland of fighting the seven-month legal action is sitting at £49,989.20.
Steele had sought a judicial review at the Court of Session in Edinburgh in January to prevent proceedings against him.However his case, funded by the SPF, was rejected by Lord Fairley last month after a two-day hearing.
The seven-figure legal bill to Police Scotland could rise even higher if Steele decides to appeal the judgment – and it’s unclear whether the cost will be passed on to the SPF at a later date.
Sheku, originally from Sierra Leone, was found to have 23 injuries, including a broken rib and gashes to his head, after he was restrained by up to nine officers in the street in Kirkcaldy in 2015.
In November 2019, Steele tweeted his support for the Crown Office decision not to prosecute the officers involved after the death of the 31-year-old.
He also posted a gif, or short animated loop, from the 2004 US comedy film Napoleon Dynamite, which showed a character falling down after being tapped on the head.
Senior officers believed the tweets were inappropriate and disrespectful and instigated misconduct proceedings.
In turn, Steele instructed lawyers to claim his rights were being breached by a violation of article 10 of the European Convention on Human Rights that supports freedom of expression.
But Lord Fairley backed Deputy Chief Constable Fiona Taylor’s decision to discipline Steele.
Lord Fairley said: “The view that the use of a clip from a comedy film might constitute discreditable conduct was tenable and one that she was entitled to reach.”
The family of Sheku, who lived in Kirkcaldy, have criticised Steele’s comments and his decision to fight the disciplinary action. In April Sheku’s sister Kadie Johnson said: “If Steele had any humanity, he would apologise for his conduct.”
A public inquiry into Sheku’s death was opened in November but no hearings have been heard.
Police said “Public confidence in the police depends on officers demonstrating the highest level of personal and professional standards of behaviour both on and off duty and includes their use of social media.”
The SPF declined to comment on the judgment against Steele.
However it is understood an appeal against the decision will be lodged at the Court of Session in the next few weeks.
