A thorough and independent investigation conducted by the Procurator Fiscal has concluded that there is no evidence of criminality on the part of any police officer involved in the incident.
Further investigation is ongoing to determine the basis for a possible Fatal Accident Inquiry.
Badreddin Abdalla Adam Bosh was shot after attempts to use less-lethal weapons were unsuccessful.
Those injured by the 28-year-old Sudanese man included three asylum seekers, two hotel workers and a police officer who had responded to the initial emergency call.
The Procurator Fiscal has an obligation to investigate deaths resulting from the state’s use of force or from the state’s failure to protect the right to life.
A rigorous independent investigation, in which the Procurator Fiscal instructed the Police Investigations and Review Commissioner, examined the police management of the incident, the specific actions of the police officers directly involved in the shooting, and the post-incident procedures.
Following the conclusion of the investigation, senior independent lawyers known as Crown Counsel decided that there was no evidence of any criminality on the part of any police officer who attended at the incident. As is standard practice, the Crown reserves its right to prosecute in the future should circumstances change.
The Procurator Fiscal has informed the family of the decision not to bring a prosecution.
The investigation into the wider circumstances leading to the death of Badreddin Abdalla Adam Bosh continues with a view to determining whether there is a basis for a discretionary Fatal Accident Inquiry. This decision will be made following consultation with the family.
Kenny Donnelly, Deputy Crown Agent for COPFS (Crown Office and Procurator Fiscal Service), said:
“This was a terrible, tragic incident and our thoughts are with all of those affected.
“Such an incident is without precedent in the Police Scotland era and it is only right that the Procurator Fiscal conduct a full and thorough investigation into the circumstances of this fatal shooting.
“The investigation which followed found that the police officers involved acted appropriately throughout and their actions were legitimate and proportionate.
“This was fast-moving and complex situation involving significant risk because of the knife attacks being carried out.
“Police officers acted swiftly and decisively with the intention of protecting lives. All available evidence supports the conclusion that the use of lethal force was no more than absolutely necessary in the circumstances.
“The investigation into the wider circumstances is ongoing and the family will continue to be kept informed of any significant developments.”