Sheku Bayoh police officer cleared of data protection charges

A police officer involved in the incident that led to the death of Sheku Bayoh has been cleared of illegally accessing confidential files on a "known criminal".

Constable Nicole Short admitted she looked at the information after former schoolfriend Dale Innes added her on Facebook and began chatting to her online and via text.

She went on to meet him three times on "dates" after reading confidential information about his criminal record and an intelligence database around him and "drug activity".

The officer, who faced three Data Protection Act charges, claimed she had in fact been trying to "get close to him" to gather information that could help catch his brother on drug dealing charges.

Short denied accusations she had accessed the records about Mr Innes and his suspected drug dealer brother Matthew for "personal or non policing purposes".

The officer was involved in the arrest of Kirkcaldy father Sheku Bayoh in May 2015 that led to his death.

Short was badly hurt and remains on sick leave from the force as a result.

She told the court she was a member of the Fife force's crime team at the time of the incident.

The officer said Mr Innes had been at Glenrothes High School with her and had added her on Facebook in autumn 2012 after seeing her in passing in the Fife town.

They began exchanging private messages then exchanged phone numbers and began texting.

Then, on October 16 and 18, 2012, Short ran a series of searches about Mr Innes on the police Crimefile system and the Scottish Intelligence Database.

The court was told the crime files related to alleged assaults, public urination and drugs offences said to have been committed by Mr Innes while the database entry referred to "Dale Innes and drug activity".

Short said: "I went on annual leave shortly after that and didn't meet him until I was on annual leave. I met him about three times.

"There had been a bulletin about his brother, Matthew Innes, being suspected of heroin dealing and mention of an unknown associate with a description.

"I accessed the files to see if there were any names associated with them that I could check on Facebook and the intelligence database to see if I could find a name."

She added: "On one occasion I went to pick Dale up at his family home and saw a man matching that description there to see Matthew.

"I didn't phone that in to my partner officer, Andrew Mitchell, because I thought he would try to take all the credit for himself."

Short also denied a suggestion she had been "in conversation" with Dale Innes at the time she was looking at the entries.

Fiscal depute Dev Kapadia asked her: "Why on Earth did you enter a relationship with him knowing what you had read?"

She replied: "When you say relationship, I wouldn't put it like that. Quite simply I would have done anything for my job."

Mr Kapadia asked: "Would it be fair to say you were using him to further your own career?"

She replied: "I suppose so."

Earlier in the trial, inspector Alan Seath told the court he had interviewed Short over the allegations in December 2012, around a month after she was suspended pending an investigation.

Mr Seath asked her during the interview: "You were researching the systems at the same time as being involved in a conversation with him - I'm wondering if you were passing information from our systems to him via mobile phone?"

Short responded: "No comment."

No phone records were produced at the trial to show when the alleged conversations took place.

Short's only comments during the interview came when asked about her mobile phone, which she admitted she had destroyed when she was suspended from the force in November 2012.

Mr Seath asked: "When you were suspended you told me you threw it out of a car window?"

She said: "I've already explained that to you."

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.

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

Defence counsel Shelagh McCall QC said: "Your lordship cannot infer that there was a curiosity or some other non-policing purpose to this."

Sheriff Jamie Gilchrist QC found Short not guilty of the charge and told her she was free to leave the dock.

Sheku Bayoh, 31, collapsed and died after being restrained by several officers who were following up reports of a suspect wielding a knife.

The father-of-two's family, who say they received differing stories on how he died following the incident, and his partner Colette have been campaigning for answers.

The case is currently being investigated by police watchdog, the Police Investigations and Review Commissioner (PIRC).

Calls have been made for a review of its powers in light of Mr Bayoh's case.

Police Federation bosses say Short suffered "significant" injuries during the incident that led to the 31-year-old's death.

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