The family of Sheku Bayoh want to to block moves to allow officers involved in his death in custody to retire on medical grounds.
Sheku’s relatives want a perjury inquiry into evidence presented on the officers’ behalf amid claims it is “contradictory”.
Gas engineer Sheku, 31, died in May 2015 after being restrained by up to nine officers in the street near his Kirkcaldy home.
Two of them, PCs Nicole Short and Alan Paton, took their case to the Court of Session in Edinburgh after the Scottish Police Authority refused them permission to retire on medical grounds.
Lord Woolman last week ordered the SPA to reconsider their decision.
'Traumatised' Sheku Bayoh cops allowed to retire early on medical grounds
The Bayoh family’s solicitor Aamer Anwar said they would be making a “formal complaint” to police over evidence presented at the Court of Session.
A review by Crown prosecutors on the decision not to prosecute any of the officers is still under way with the outcome expected within weeks.
Lord Woolman said in his judgement that Short, 32, was suffering from post traumatic stress disorder following the restraint of Sheku in May 2015.
Paton, 44, is said to have received counselling and his grounds for retirement have been supported by a psychiatrist.
The judgement included an account of the morning by Short, who said she feared “a murder was about to take place”.
She was taken to hospital before returning to Kirkcaldy police station within an hour. Sheku was pronounced dead at the hospital a short time later.
Cop feared custody death victim Sheku Bayoh would kill someone during fatal confrontation
Anwar said: “If PC Short suffered significant injuries, we ask why she was discharged from hospital in under 45 minutes to return to Kirkcaldy police station for more than eight hours?
“In her evidence, she states she was punched in the back of her head, her ‘feet actually left the ground’ and that she ‘landed on the ground almost on the other side of the road’.
“If she is to be believed, then this would mean she flew approximately 26ft through the air. We would submit that one would have expected significant physical injuries from this scenario to have been presented to the court.
“Short’s affidavit states she was ‘not sure that I was conscious but I was later told that he stamped on me at least three times’.
“One would assume she would have been kept in for observation if this was the case but we know this never happened.
“Sheku’s family will request Police Scotland carry out an investigation into whether perjury has been committed at the Court of Session.
“We will be asking if the Lord Advocate has considered potential charges of an attempt to pervert the course of justice.
“Sheku’s family would request the SPA place on hold any decision to retire PCs Short and Paton until a criminal investigation into the evidence is completed.”
Two cops involved in Sheku Bayoh custody death take court action over retirement bid
The Scottish Police Federation claimed on Friday the SPA had decided to allow the pair to retire.
David Kennedy, SPF deputy general secretary, said: “We welcome the decision which makes clear these officers suffered significant injury in the execution of their duties and qualify to retire on grounds of ill-health.”
Their solicitor Peter Watson added: “The SPA undertook to follow the directions of the court, which required them to re-examine their decision within 30 days.
“In fairness to the SPA, they dealt with that quickly and as at 5pm on Thursday, I was advised the decision had been made to grant ill health retirement.”
An SPA spokeswoman said: “The SPA chief executive has reviewed these decisions as instructed.
“We cannot comment further at this stage.”
A Crown Office spokesman said: “In order to protect any potential proceedings and to preserve the rights of the family, the Crown will not comment further at this stage.”
