Chair of Sheku Bayoh inquiry to consider position over impartiality concerns
The chair of the Sheku Bayoh inquiry is to consider his position after his impartiality was questioned because he had meetings with the Bayoh family.
Lord Bracadale will hold a hearing in June to hear views from all the parties represented at the inquiry on whether it has been conducted fairly.
If he steps down, it could delay the findings, but a decision to stay on could result in a judicial review being submitted by the Scottish Police Federation, the body that represents rank and file officers.
The Federation's concerns come as the inquiry was due to hear closing submissions.
Sheku Bayoh died after being restrained by police officers in Kirkcaldy ten years ago after he was restrained by around six police officers.
Following an investigation, the Crown Office decided not to take legal action against the police officers involved.
Last month, his family resolved the civil action first raised in May 2018, against the chief constable of Police Scotland.
The settlement was agreed without any admission of liability by Police Scotland.
The Scottish Police Federation said it was 'surprised' by the chief constable's decision to settle the claim against the force.
The body has now intimated a petition for a judicial review of the public inquiry, stating that five meetings between chair Lord Bracadale and the family had taken place without other core participants being notified.
David Kennedy, general secretary of the Scottish Police Federation, 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.'
Lord Bracadale has presided over some of the most high-profile criminal trials in recent Scottish history, having been senior counsel for the Crown in the Abdelbaset al-Megrahi Lockerbie bombing trial, and presiding over the Nat Fraser and David Gilroy murder trials as a judge.
Mr Bayoh's family have described the decision by the federation as an attempt to undermine the public inquiry, which has cost Police Scotland almost £25m.
In a statement on behalf of the family, solicitor Aamer Anwar said: 'For over 50 years Lord Bracadale has given his life to public service, acting always with integrity and impartiality, yet this attack comes as no surprise to the Bayoh family, who have been subjected to repeated abuse and attempts to undermine them.
'The question is, why now? In over three years, nobody has uttered a word of complaint. Why should the Chair of a public inquiry not meet the victim's family as they do indeed in every other public inquiry in the UK.
'Only recently, the chief constable met with the Sheku Bayoh family to offer her apologies to them, and she publicly stated her full support for the public inquiry. During the course of evidence, the former Lord Advocate offered his apologies to the Bayoh family – so the question is not what the Federation say, but what lawyers for the Crown Office and chief constable will do at the hearing.
'In conclusion, this inquiry has robustly exposed the incompetence, misconduct, alleged criminality and institutional racism at the heart of our criminal justice system – nothing the Police Federation, Police Scotland, Crown Office or PIRC does now can ever change that.
'Police Scotland recently advised us in an FOI they had spent £17,332,174 on lawyers since the public inquiry was announced – in this final throw of the dice by those acting for the police, the public have right to know why millions more must be spent on police lawyers?'
Get all the latest news from around the country Follow STV News
Scan the QR code on your mobile device for all the latest news from around the country
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
South Wales Argus
18 minutes ago
- South Wales Argus
Swinney defends ‘two-horse race' comments after by-election loss to Labour
The First Minister spoke of his disappointment at his party's loss, acknowledging there is 'anger' about the cost of living and concerns around access to services in Scotland. In the run-up to polls opening on Thursday, Mr Swinney had repeatedly sought to frame the Hamilton, Larkhall and Stonehouse by-election as a contest between his party and Nigel Farage's Reform. But in a surprise result in the early hours of Friday, Scottish Labour were victorious with their candidate Davy Russell taking 8,559 votes. The SNP's Katy Loudon took 7,957 votes, while Reform's Ross Lambie secured 7,088. Labour are celebrating their by-election win (Jane Barlow/PA) Mr Swinney spoke to journalists at the SNP headquarters in Edinburgh, saying his party had improved its position from a devastating general election result last year, but recognising they must make further progress ahead of next year's Scottish Parliament vote. He told the PA news agency: 'Clearly, we're disappointed that we didn't win last night, but we made progress in the election compared to the general election last summer, and we've got to build on that and make sure that we strengthen our support in advance of 2026. 'So the SNP made progress last night, but it's not nearly enough and we've got to build on that.' (PA Graphics) Asked if it was a mistake to call the by-election a 'two-horse race', he said: 'I called it the way I saw it. 'The way I saw it was the Labour vote was collapsing compared to the general election last summer, which it did, it was down 20%. 'We saw the Reform vote surging, which it has. The SNP sought to portray the by-election as a contest between themselves and Reform (Jane Barlow/PA) 'And in that context, I thought the SNP was best placed to see off Reform because of the scale of collapse in the Labour vote.' He said Nigel Farage represented a 'poisonous injection into our politics'. Reform UK's deputy leader Richard Tice has said he is 'delighted' with the result in Hamilton. (PA Graphics) Mr Swinney also defended his party's campaign in the constituency, saying it was 'energetic' and 'enthusiastic'. He had frequently visited the seat in the run-up to the vote. Asked if people are turning away from the SNP because of their record in government, he said: 'There's a lot of anger in the electorate just now because people are finding things tough, particularly with the cost of living, and they're concerned about about issues in terms of access to public services. 'So what my government is going to focus on is addressing the day-to-day priorities of people in Scotland, about improving their lives.' He mentioned the Scottish Government's plans to scrap peak rail fares in September and bring down NHS waiting lists.
The Herald Scotland
24 minutes ago
- The Herald Scotland
Hamilton by-election is a set-back and an opportunity for the SNP
From winter fuel payments to energy bills and benefit curbs, the PM and Chancellor have enveloped voters in tough love. Little wonder that the glad confident morning of last July is now fogged with disquiet. Yet still Davy Russell won. He is to be an MSP. Remarkable, secondly, when one looks at history. This is only the 12th constituency by-election since the Scottish Parliament was founded. In nine of those contests, the incumbent, defending party held the seat. This is just the third where a seat changed hands. (The others being Ayr in 2000 and Dunfermline in 2013) History, you could say, was against Labour. And yet Davy Russell won. He is to be an MSP. Read more Remarkable, thirdly, because very, very few predicted a Labour victory. The candidate was the quiet man, avoiding the media, staying away from a televised debate with rivals. Preferring, he said, to chap doors. And yet he won. Davy Russell is to be an MSP. Have all Labour's problems evaporated? Most certainly not. Chapping doors only takes you so far. For the Holyrood elections next year, Labour will need a coherent programme to indicate that they are fit for devolved government. Anas Sarwar knows that. His delight in victory is evident and justified. Yet he still needs his UK governing chums to cut him some slack. In essence, he is asking for a break, saying to the PM and Chancellor: 'Gonnae no' dae that!' Arithmetic matters in politics. More votes than your rivals at the count. But momentum matters too if you are to sustain such victories. And Davy Russell becoming an MSP grants momentum to Mr Sarwar. For John Swinney, this is both a substantial set-back and a significant opportunity to learn lessons. It is up to him which element ends up predominating. He had described this Hamilton contest as a two-horse race. His own SNP and Reform. This proved not to be the case. Labour came up on the rails to win. Does that pose questions for Mr Swinney's judgement? Not really, no. With his two-horse comment, he was attempting to shape the contest in his favour. He wanted to sideline Labour – and to polarise the by-election into a battle between the SNP and Reform, whom he characterised as representing the antithesis of Scottish values. Another point. As Mr Swinney rightly pointed out, Labour won out of the park in this area of the country at the UK General Election last year. Labour's vote in this by-election is slightly down on their performance at the last Holyrood elections in 2021. Snag for the FM is that the SNP vote is down sharply over that timescale. Yes, it would appear evident that Mr Swinney has contrived to steady the ship in the past year. But, equally, he has yet to pull entirely clear of Labour. I have long spoken of the scunner factor in politics, arguing that it must never be neglected. As Mr Sarwar knows, folk are fed up with what they hear from the PM and the Chancellor. But, as Mr Sarwar also argues, there is a significant degree of disquiet with the Scottish Government too. (He puts it rather more bluntly.) John Swinney knows that. If there was any scintilla of complacency in his make-up, it will now have been expunged. Remember the TV series Dr Finlay's Casebook? In my favourite episode, young Finlay is protesting vigorously that he had not been aware of a particular patient's history. The lugubrious Dr Snoddy replies drily: 'Well, ye ken noo!' Not sure it is required but that phrase could easily be aimed at the First Minister and leader of the SNP. Other parties? The Greens outpolled the Liberal Democrats, picking up more votes than the Labour majority over the SNP. Something the Nationalists will have noted. The Liberal Democrats will find other pavements on which to practise pavement politics. This was not their night. The Tories? At six per cent and hugely outpolled by Reform, they must feel like they should take themselves away to a dark corner and cry. However, such behaviour tends not to appeal to the voters. So they will fight on, hoping that the fury with the previous UK Conservative government will abate – and support for Reform likewise. Read more As for Reform, they declare themselves delighted with their third place. In practice, Nigel Farage may have been a little preoccupied with the resignation of his party chairman, Scots-born Zia Yusuf. Mr Yusuf declared that working to secure Number 10 for Mr Farage was no longer a good use of his time. He was also less than happy with the Reform MP who urged a ban on the burka. In Scotland, Reform insist they can set aside such internal difficulties and go on to play a significant role at Holyrood. Reform figured strongly in this by-election, not least in the row over the advert featuring Anas Sarwar. Rivals called it racist, Reform demurred. Which presents a challenge now to other parties. Do they continue to talk up the challenge presented by Reform, decrying their policies and attitudes? Or do they seek to ignore them, hoping they will slide back into irrelevance? I expect a blend of the two. But, in practice, with an emphasis upon sidelining Reform and focusing upon the deep-rooted, day to day concerns of the voters. In Hamilton, Larkhall, Stonehouse and elsewhere. Mr Swinney says he will 'set out a vision of hope and optimism'. Ditto his rivals. Brian Taylor is a former political editor for BBC Scotland and a columnist for The Herald. He cherishes his family, the theatre - and Dundee United FC
The Herald Scotland
25 minutes ago
- The Herald Scotland
Parents Against Knives walk rescheduled in Glasgow
The Glasgow Times previously reported it had been scheduled to take place on Sunday, June 8. The walk will begin at 1pm at Ibrox Stadium and will end at Celtic Park. READ NEXT: Family of Kory McCrimmon plan 'Parents Against Knives' walk in Glasgow It will commemorate the first anniversary of Kory's death while also highlighting the dangers of knife crime and remembering all those who have been lost to knife violence. Kory, 16, died after he was stabbed in the heart following a confrontation in Greenfield Park in the East End on May 31 last year. Kory's family said they "wish for his death to make a difference". READ NEXT: Scots warned to 'not carry weapons' amid concerns over youth violence They said: "Due to the overwhelming response to our peaceful Parents Against Knives walk we have had to reschedule the date from June 8 to June 22. "Now that we have a date finalised, with the support of Police Scotland and Glasgow City Council we warmly welcome and invite the participation of ALL to walk with us and raise awareness in the soaring climate of knife crime. "Kory McCrimmon's young life was a brushstroke stroke in time, but we his family wish for his death to make a difference: Kory's life will not be in vain. "Our aim here is to continue highlighting the increase in deaths and danger by knife and violent crime. "Our sons and daughters are more than statistics, they deserve better. "Kory's parents are very clear: if we can prevent at least one more family going through this life shattering agony, we have gone a long way in our mission, but let's go further. "We walk in Kory's name, but we stand for all those lives lost or maimed to knife violence: too much, too many. No more. "Come join our walk and lend your hearts and voices to making our streets, our young people and our lives safer. "Let's lose our fear and face our future: come together, the time is now. "Too much, too many: No more." READ NEXT: Boy, 14, due in court following death of Kayden Moy Kayden Moy (Image: Police Scotland) The Glasgow Times reported last month that a 14-year-old boy who admitted killing Kory following a dispute over £50 was sentenced to five years detention. The pair were associated with rival gangs with threats earlier exchanged on social media. Last month, 16-year-old Kayden Moy died after he was seriously injured at Irvine Beach on Saturday, May 17. Emergency services attended and Kayden, from East Kilbride, was taken to Crosshouse Hospital in Kilmarnock but died a short time later. Three teens have since been charged in connection with his death. READ NEXT: Teen in court charged with murdering schoolboy Amen Teklay Amen Teklay (Image: Police Scotland) Amen Teklay, 15, died after he was found seriously injured on Clarendon Street, Glasgow, on Wednesday, March 5 at around 10.30pm. We previously reported a 14-year-old boy appeared in court after being charged in connection with his death. He allegedly struck Amen with a knife. Court papers further stated the boy and a 15-year-old boy face a separate assault charge while a 16-year-old boy was later also arrested and charged in connection with Amen's death. Kate Wallace, chief executive of Victim Support Scotland who are supporting the walk, said: "Too many lives are being devastated by knife crime in Scotland. "Behind every statistic, hundreds of lives are irreversibly impacted with tragic consequences for everyone involved; family, friends, siblings, school mates, and the wider communities in which we all live." She continued: "These are complex and sensitive situations which require a multi-agency response from the Scottish Government, victim support organisations, police, social work, youth work and others to work together to tackle knife crime and the devastation it causes. "People across Scotland deserve to feel safe in their own communities. "Recent legislative changes, recognising everyone under the age of 18 as a child, have had far-reaching consequences for victims of knife crime, and all crimes involving young people. "We will continue to work to ensure the rights of victims are upheld in this changing approach. "Our Support for Families Bereaved by Crime team witnesses the irreparable damage done by knife crime, both on victims and the families they leave behind." Anyone who has been affected by knife crime crime or any other type of crime can contact the Victim Support Scotland helpline on 0800 160 1985 or visit
