Police federation consider legal action against Bayoh inquiry

The Herald Scotland

29-04-2025

Details of the substance of the private meetings have not been disclosed.
Aamer Anwar, the solicitor for Mr Bayoh's family, said it was not unusual for the chair of a public inquiry to meet victims' families.
David Kennedy, General Secretary of the SPF, said: 'These unusual developments have left many core participants feeling that the process no longer appears transparent and open, with all core participants having been treated equally.
'We have lost confidence in the inquiry and regrettably, we have been compelled to indicate that we consider it necessary to petition for judicial review.
"We are seeking a fair and transparent public inquiry. We will of course listen to what Lord Bracadale has to say at the forthcoming hearing, but as things stand I imagine that it will be necessary to proceed with the petition."
The inquiry is a public inquiry governed by the Inquiries Act 2005. It has so far cost just under £24 million.
The inquiry was announced by the Scottish Ministers on 12 November 2019 to examine the circumstances of the death of Sheku Bayoh, who died following his arrest by officers of Police Scotland on 3 May 2015.
The inquiry began hearing evidence on or around 10 May 2022.
Earlier today the BBC reported that Lord Bracadale was to consider whether he should step down after the SPF questioned his impartiality.
Mr Bayoh, a father-of-two, was 31 when he died in May 2015 after being restrained by six police officers in Kirkcaldy, Fife.
Former High Court judge Lord Bracadale, who was appointed five years ago, will seek the opinion of all the parties represented at the inquiry at a hearing in June, before deciding whether to carry on or step aside.
If he stays, the federation could challenge his decision through a judicial review.
But if Lord Bracadale goes, it will result in a significant delay to the inquiry issuing its findings.
Aamer Anwar, the Bayoh family's solicitor, described the SPF's move as a "desperate and pathetic attempt to derail the inquiry".
And he said if Lord Bracadale does step down it would delay proceedings by "years".
A spokesperson for the inquiry said: "The Scottish Police Federation has raised concerns about Lord Bracadale meeting with the families of Mr Bayoh.
"Loss of confidence by a core participant in the fairness of the conduct and procedure of the inquiry by Lord Bracadale is a matter of concern.
"The Inquiry intends to hold a public hearing in June on the fairness of the conduct and procedure adopted by Lord Bracadale in meeting the families. Submissions are invited from all core participants."
Since his appointment in 2020, Lord Bracadale has held 122 days of oral hearings, examining what happened on the day of Mr Bayoh's death, the way the incident was investigated and handled by the authorities and whether race was a factor.
The uncertainty over his position comes with the inquiry's finishing line in sight.
It has completed the process of gathering evidence and was due to hear closing submissions before Lord Bracadale begins the task of reaching his conclusions.
Mr Anwar added: "Lord Bracadale is a man who is widely respected across the legal profession.
"He has given 50 years of his life to public service, without blemish.
"This attempt to attack his integrity and impartiality, as far as the Bayoh family is concerned, is beneath contempt."
Latest figures show that by the end of December last year the overall cost of Lord Bracadale's inquiry itself, covering factors such as its set-up and staffing, had hit £23,765,467.
This was up from £22,095,804 at the end of September.