Sheku Bayoh police officer was 'in relationship with criminal'

A police officer involved in the incident that led to the death of Sheku Bayoh was in a relationship with a criminal, a court has heard.

Nicole Short faces three data protection charges at Kirkcaldy Sheriff Court after she allegedly accessed confidential files relating to Dale Innes and his crimes on the police computer system.

The 30-year-old was left in a "complicated medical state" following her involvement in the arrest of Mr Bayoh, who died in police custody in May 2015, the court had heard previously.

On Thursday, inspector Alan Seath told Short's trial he was asked to investigate allegations against her in late 2012.

He said: "Intelligence had been received that she was involved in a relationship with a known criminal, a male called Dale Innes, and that she had accessed data about him on the computer systems."

The court was earlier told entries relating to Dale Innes had been accessed by Short relating to "drug activities".

She also viewed intelligence entries relating to his brother Matthew Innes' heroin dealing, violence and antisocial conduct.

Mr Seath told the court Dale Innes had refused to cooperate with the inquiry and he had interviewed Short at Falkirk Police Station on December 20, 2012.

A recording of that interview was played to the court. In it Short was asked repeated questions about her relationship with Dale Innes and her access to the data but she refused to answer.

Earlier, a senior counter-corruption officer from the former Fife Constabulary's professional standards unit said he saw "no legitimate policing reason" for Short to access the information.

Inspector Gordon Beveridge was tasked with auditing Short's use of the Fife police Crimefile system and the national Scottish Intelligence Database after concerns were raised.

He said in a matter of minutes on a date in October 2012 Short's unique username had been used to access several entries about Dale Innes.

He said: "The user viewed the front pages of the files, the list of associated names - witnesses, police officers and other accused or suspects - as well as the report submitted to the procurator fiscal on two of them.

"They were all historic crime files - only one was from that year. One of them was even from before she had joined the service so there should have been no direct link for her involvement.

"When officers access the system they are given a warning."

He explained: "It reads 'You should not access Crimefile out of curiosity or for your own personal business. You must not browse information out of curiosity or as a perk of the job. 

"To do so is likely to be a criminal offence. You may be required to justify your use as being for a legitimate policing purpose'."

Short, 30, of Glenrothes, Fife, pleaded not guilty on summary complaint to three charges under the Data Protection Act.

She is accused of accessing confidential information on the Police Scotland computer system in October 2012.

She is charged with obtaining personal data relating to two men from Fife Constabulary's Crimefile system and the Scottish Intelligence Database for non-policing purposes in a separate incident.

The summary trial before Sheriff Jamie Gilchrist QC sitting alone without a jury, continues with the next date of evidence set in January.

Mr Bayoh, 31, collapsed and died after being restrained by several officers in the Fife town.

The Police Investigations and Review Commissioner submitted its report into the death to the lord advocate in August.

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