POLICE SCOTLAND has ditched its legal bid to block a decision to widen the inquiry into the death of Sheku Bayoh in their custody — a day after it petitioned for a review.

Mr Bayoh died in Kirkcaldy on May 3 2015 after he was pepper-sprayed and battened to the ground before being bound hand and foot, fighting for breath under the weight of six police officers. 

Amid ongoing accusations of racist handling of the case, four years later an inquiry — still underway — under Lord Bracadale was convened.

But family have since called on the remit to be extended to examine the decision not to consider prosecuting any of the officers involved.

That final decision on remit rests with Deputy First Minister Kate Forbes.

But Police Scotland announced on Sunday it would petition for a judicial review, an action which would effectively halt proceedings.

Just a day later, Police Scotland withdrew the bid after receiving “further information” from Ms Forbes, which Deputy Chief Constable Alan Speirs said negated “the need for further legal proceedings.”

Speaking for the Bayoh family, human rights lawyer Aamer Anwar called the petition a “desperate last throw of the dice by Police Scotland to further delay proceedings and block the truth finally being revealed.” 

He added: “Yet again, a shameful waste of public money has only been added to the £22.5 million spent by police Scotland over the case of Sheku Bayoh.

“The chief constable should now explain what expenses they have incurred.

“The family hope that the Deputy First Minister will immediately consult with Lord Bracadale and take the right decision and allow the failure of the Lord Advocate to prosecute to be investigated.”