Chairman of Sheku Bayoh Inquiry decides against recusing himself
Mr Bayoh, 31, a father-of-two, died after he was restrained by around six police officers who were called to Hayfield Road in Kirkcaldy, Fife, on May 3 2015.
After considering the matter, Lord Bracadale has refused the application for his recusal.
In a decision published on Wednesday, he said: 'Having reviewed the facts, the fair-minded and informed observer would conclude that there was no real possibility that I was biased.'
He said such an observer would note that 'although the meetings with the families of Sheku Bayoh were private, they were not kept secret'.
Sheku Bayoh died in 2015 (Family handout/PA)
The application for recusal of the chairman and assessors was lodged on behalf of the Scottish Police Federation, Pc Craig Walker and Nicole Short.
A spokeswoman for the inquiry said: 'The inquiry held a procedure and conduct hearing on June 12.
'After careful consideration of written and oral submissions from core participants, Lord Bracadale has decided not to recuse himself or terminate the appointments of the assessors.
'Having regard to the relevant legal test, he has determined there is no apparent bias.
'Taking into account various considerations in respect of the handling of the inquiry, he has determined having meetings with the families was not unfair.
'There is much important work for the inquiry still to do, not least proceeding with closing submissions and moving towards the writing of the final report. The team is working at pace and will announce next steps in due course.'
The inquiry has been examining the circumstances of Mr Bayoh's death, and whether race was a factor.
In a statement issued on behalf of the Bayoh family, lawyer Aamer Anwar said: 'Lord Bracadale, following an application by the Scottish Police Federation, PCs Craig Walker and Nicole Short to recuse himself and to terminate the appointments of the assessors Raju Bhatt and Michael Fuller, has refused to do so – he has delivered a humiliating and devastating indictment not just on the Federation but also the Solicitor General and Police Scotland.
'Despite their desperate claims, the chair Lord Bracadale has done nothing wrong, he is a judge with over 50 years' legal experience, respected for his impartiality and integrity.
'It comes as no surprise that both the Police Federation and Solicitor General failed to grasp that this inquiry's duty under the Human Rights Act is to conduct a thorough investigation into the death of Sheku Bayoh, having at the inquiry's heart the Bayoh family.
'There is nothing wrong with the chair treating a bereaved family with compassion and respect.'
Scotland's Deputy First Minister Kate Forbes said: 'I note the detailed and extensive consideration that has informed Lord Bracadale's decision and hope all parties involved can progress the important work of the inquiry as soon as possible.
'The Scottish Government remains committed to establishing the facts surrounding the circumstances leading to Mr Bayoh's death.
'However, as it is vital all public inquiries operate independently of government, it would be inappropriate of me to comment any further.'
A spokesperson for the Scottish Police Federation said: 'Any fair-minded observer would be concerned when it is revealed that there have been five meetings with a core participant family, without the knowledge of the other core participants.
'The inquiry's legal team asserted that no evidence was discussed at these meetings, it subsequently transpired that was not the case.
'Lord Bracadale has never asked for a meeting with former Pc Nicole Short, who was assaulted in May 2015 in the line of duty and who has been unable to return to work as a result of her injuries.
'Police officers will continue to call for a fair and transparent hearing, based on the evidence alone.'
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An inquiry into the death of a man in custody amid claims of police brutality faces the threat of legal action after its chairman cleared himself of bias allegations. Lord Bracadale decided not to recuse himself as head of the Sheku Bayoh probe after ruling there was no possibility that he was biased – but it could be derailed by a judicial review. The Mail understands the Scottish Police Federation (SPF), which had called for the retired High Court judge to step down, is now considering going to court to press for him to go. It had claimed Lord Bracadale's decision to meet Mr Bayoh's relatives on five occasions raised questions over his impartiality – claims he has dismissed. The statutory probe into the death of Mr Bayoh has cost £25.6million, but the total cost to taxpayers - including the sums spent by bodies such as police and prosecutors - is more than £50million. Mr Bayoh, 31, originally from Sierra Leone in west Africa, died after he was restrained by around six police officers who were called to Hayfield Road in Kirkcaldy, Fife, on May 3, 2015. After considering the matter, Lord Bracadale said he had refused the application for his recusal. He said: 'Having reviewed the facts, the fair-minded and informed observer would conclude that there was no real possibility that I was biased.' Lord Bracadale said such an observer would note that 'although the meetings with the families of Sheku Bayoh were private, they were not kept secret'. A spokesman for the inquiry said: 'The inquiry held a procedure and conduct hearing on June 12. 'After careful consideration of written and oral submissions from core participants, Lord Bracadale has decided not to recuse himself or terminate the appointments of the assessors. 'Having regard to the relevant legal test, he has determined there is no apparent bias. 'Taking into account various considerations in respect of the handling of the inquiry, he has determined having meetings with the families was not unfair. 'There is much important work for the inquiry still to do, not least proceeding with closing submissions and moving towards the writing of the final report. 'The team is working at pace and will announce next steps in due course.' The inquiry has been examining the circumstances of Mr Bayoh's death, and whether race was a factor. Last night an SPF spokesman said: 'Any fair-minded observer would be concerned when it is revealed that there have been five meetings with a core participant family, without the knowledge of the other core participants. 'The inquiry's legal team asserted that no evidence was discussed at these meetings, it subsequently transpired that was not the case. 'Lord Bracadale has never asked for a meeting with former PC Nicole Short, who was assaulted in May 2015 in the line of duty and who has been unable to return to work as a result of her injuries. 'Police officers will continue to call for a fair and transparent hearing, based on the evidence alone.' It is understood SPF lawyers are looking at Lord Bracadale's judgment as they prepare for a possible judicial review of his decision. In a statement issued on behalf of the Bayoh family, lawyer Aamer Anwar said the decision was 'humiliating and devastating' for the SPF. Mr Anwar said Lord Bracadale 'has done nothing wrong - he is a judge with over 50 years' legal experience, respected for his impartiality and integrity'. He said: 'There is nothing wrong with the chair treating a bereaved family with compassion and respect.' The Mail revealed last month that police chiefs held three unminuted meetings with the family of Mr Bayoh, fuelling a row over alleged bias against the officers involved. Senior officers met relatives of the father-of-two - but no record was kept of what was discussed. The last of the meetings took place after Lord Bracadale's hearing into his suitability to continue in his role back in June. In June, the Mail revealed up to ten members of the Bayoh family had received compensation from Police Scotland - including a single award of more than £1million. Relatives of Mr Bayoh halted their attempt to sue the force in March after reaching an out-of-court settlement in relation to his death. Deputy First Minister Kate Forbes said: 'The Scottish Government remains committed to establishing the facts surrounding the circumstances leading to Mr Bayoh's death.'
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