Latest news with #LordBracadale
Daily Mail
2 days ago
- Politics
- Daily Mail
Sheku judge accused of 'torpedoing' his own independence amid private meetings with the victim's family
An inquiry judge has 'torpedoed' his own independence with the 'spectacularly ill-advised' decision to meet with the family of a man who died in police custody, it has been claimed. The Sheku Bayoh Inquiry has been plunged into crisis amid an extraordinary bias row involving chairman Lord Bracadale, who held five private meetings with the family of the 31-year-old after he died being restrained by officers in Kirkcaldy, Fife, nearly a decade ago. The Scottish Police Federation and the officers at the centre of the probe have now demanded Lord Bracadale step down as inquiry chairman. But the retired High Court judge, who chaired a hearing into his own conduct, claimed that Mr Bayoh's family would have 'walked out' had he not met them. The landmark statutory inquiry - which began in November 2020 and is nearing its closing stages - aims to find out whether racism played a part in the death of the father-of-two in 2015. But the future of the chairman is now in doubt with a special two-day hearing which is said to cost around £2million being held in Edinburgh. Roddy Dunlop KC, representing the Scottish Police Federation, told the hearing Lord Bracadale had to go and the meetings he held were 'in almost their entirety completely inappropriate'. The KC added: 'They were doubtless well-meaning, they were doubtless arranged out of the best of intentions, but and with the greatest of respect, they were spectacularly ill-advised and they have torpedoed the independence of the chair.' Lord Bracadale told the inquiry, in a written statement, that the meetings were needed. He said: 'Given the fragility of the confidence of the families in the Inquiry at various stages, I consider that meeting them on an annual basis did contribute to obtaining and retaining their confidence in the Inquiry and securing their evidence. 'I consider that, if I had not had meetings with them, there is a high probability that they would have stopped participating and would have walked out of the Inquiry.'
Sky News
2 days ago
- Politics
- Sky News
Sheku Bayoh Inquiry chairman accused of bias over 'secret' meetings with family
Why you can trust Sky News The Sheku Bayoh Inquiry chairman wrote to grieving relatives to say he was "humbled and honoured" to hear their experiences - sparking calls for him to step down over concerns of bias following five meetings described as "secret", the inquiry has heard. Father-of-two Sheku Bayoh, 31, died after he was restrained by around six police officers in Kirkcaldy, Fife, in 2015. The Crown Office decided not to take legal action against the officers involved following an investigation, but the circumstances are being examined at the inquiry. A two-day procedural hearing, beginning on Thursday, was ordered by chairman Lord Bracadale to consider an application for his own recusal, after he revealed he has met with Mr Bayoh's family on five occasions since the inquiry began. The application was made by the Scottish Police Federation, PC Craig Walker and former officer Nicole Short, represented by Roddy Dunlop KC, dean of the Faculty of Advocates. Recusal is the legal process by which a judge or other adjudicator steps aside from participating in a case due to potential bias, conflict of interest, or lack of impartiality. Mr Dunlop said Lord Bracadale had written he was "humbled and honoured" to hear the family's experiences, and that the chairman had identified two instances of "inappropriate" comments, including by the family's solicitor, Aamer Anwar. The inquiry heard a relative made a comment that the arrest "should never have happened", according to Mr Dunlop, while in another meeting it was alleged the family "are the victims", which was rejected by Mr Dunlop who said there was a serious factual dispute at the centre of the inquiry. The meetings occurred on 4 November 2021; 13 April 2022; 21 November 2022; 18 January 2024; and 5 December 2024. Mr Dunlop said: "There is an acute dispute into who is the villain in this piece." He said the family had portrayed Mr Bayoh as "Scotland's George Floyd", but added: "This is a man who was intoxicated and armed with a knife. "If I had approached Your Lordship and said, Nicole Short wants to tell you in private how devastating was the illegal assault perpetrated upon her by Mr Bayoh, which ended her career with the police, Your Lordship would have instantly dismissed me, and quite rightly, he would have been entitled to raise a complaint as to my conduct." Dan Byrne KC, representing three officers involved in the inquiry, said they had told him: "The chair has no idea who we are, we are just white officers." He told the inquiry "repeated private, secret meetings with one party, behind the back of the others", did not comply with a statutory requirement to act fairly. Mr Byrne said: "The treatment they say is a parallel to George Floyd, by convicted murderer Derek Chauvin. That's clear from the campaign. "The purpose of influence is the prosecution of the officers. The advocacy is explicit and implicit. The officers do not have a campaign group, they do not have access to the media or senior judges. "In my submission the meetings were private, they were not transparent, there was no disclosure. The officers simply would not have had these chances. "In the central dispute, the family have now had considerable advantage. The chair knows them personally; but no-one knows the officers, their families, their values, they have a great deal to lose." The Crown Office and Solicitor General Ruth Charteris KC do not support the calls for recusal. Mark Moir KC, representing the Coalition for Racial Equality and Rights, said it is "a relatively common feature of a public inquiry" for the chair to meet families involved, as he rejected calls for Lord Bracadale to step down. Acting for the family, Claire Mitchell KC said chairs of other inquiries, including the Victoria Climbie Inquiry, the Grenfell Tower Inquiry, the Stephen Lawrence Inquiry, and both COVID-19 inquiries, had met with families involved. She said: "Chairs meet with family members on a regular basis and that is something which has been endorsed." Lord Bracadale said he will "take time" to consider the submissions and will "return in due course".
The Guardian
2 days ago
- Politics
- The Guardian
Scotland's solicitor general accuses Sheku Bayoh inquiry chair of ‘apparent bias'
The former judge leading a public inquiry into the death in custody of a black man has been accused of 'apparent bias' by Scotland's deputy chief prosecutor, throwing the hearing's future into doubt. In an unprecedented intervention, Ruth Charteris KC, the solicitor general for Scotland, has sided with the Scottish Police Federation by calling for Lord Bracadale to resign as chair of the inquiry into the death of Sheku Bayoh. Charteris and the SPF claim the high court judge unfairly held private meetings with Bayoh's family and allegedly gave them information not shared with the inquiry's other participants. Bracadale has rejected the claims. Their criticisms, which have been rejected by Jason Beer KC, one of the UK's most senior lawyers, who is acting for the inquiry, could have a significant impact on public inquiries across the UK. The Bayoh family described it as a 'desperate and pathetic attempt to sabotage the inquiry' because the police and prosecution fear being heavily criticised and accused of racism, and wanted to avoid being held accountable. They said they feared this tactic would be used again by public authorities who faced censure in other public inquiries. Bayoh died in May 2015 after being forcibly detained by six officers using incapacitant sprays and batons when they responded to reports of a man seen brandishing a bladed weapon and behaving erratically in Kirkcaldy, Fife. A postmortem examination found Bayoh had 23 injuries and numerous haemorrhages in his eyes consistent with being crushed during his arrest or the attempts to resuscitate him. The police allege he was violent and intoxicated. The public inquiry, which has cost around £50m and heard 221 days of evidence, is investigating allegations of unjustified force and racism by the officers involved, and why there was no prosecution of the officers or Police Scotland over Bayoh's death. The SPF's lawyer, Roddy Dunlop KC, has told Bracadale the federation and two of the officers involved in Bayoh's arrest 'have regrettably lost confidence' in him. Overall, 12 participants in the inquiry believed he should step down, Dunlop said. 'They are concerned that they can no longer be seen to be receiving a fair hearing, and that apparent bias has arisen,' Dunlop said in a written request for the judge to step down. The SPF's allegations have been rejected by Police Scotland's chief constable, Jo Farrell. While the issues raised by the federration's challenge needed explanation, as did the inquiry's handling of evidence about police training, Farrell said she 'has a strong preference for the inquiry to continue'. In his submission on the SPF and solicitor general's applications, Bracadale stressed he would only make a decision on his future after hearing oral arguments, but said none of the criticisms had been levelled until now. He said it was in the public interest for the inquiry to ensure the family had confidence in the process. 'There would be a significant impact on the credibility of the inquiry's ability to fulfil the aspect of the terms of reference relating to race if the predominantly black next of kin of Sheku Bayoh were not participating in the inquiry,' he said. Sign up to Headlines UK Get the day's headlines and highlights emailed direct to you every morning after newsletter promotion In an oral hearing on Thursday, Dunlop said there was 'patent' evidence from the minutes of Bracadale's meetings with the family of his 'unconscious bias' in favour of the family, partly because he described their testimony as 'powerful'. Dunlop said the judge showed an 'alarming' habit of mirroring the prejudicial language used by Aamer Anwar, the Bayoh family's lawyer. Charteris referred to 'apparent bias' numerous times in her submission and said meeting the family so often raised questions about Bracadale being 'entirely impartial and independent of any person'. She added that it was a 'matter of profound regret' the former judge was in this situation. Beer, who is lead counsel in the Post Office Horizon public inquiry, accused the federation and Charteris of making a series of factually incorrect arguments and had recommended Bracadale stay in post. In his 50-page submission, Beer said public inquiry judges routinely met bereaved families, including in the Covid and Southport inquiries. Crucially, there was no evidence of actual misconduct by Bracadale set out in any submission calling for him to stand down. Beer said Dunlop's claim that Bayoh's family had unfairly been given access to inquiry documents were incorrect, because the same material was given to the other participants the following day. He added that Dunlop's arguments fundamentally misunderstood the purpose and processes of a public inquiry, which was inquisitorial and not like a normal criminal trial. Bayoh's lawyers argue that human rights law underpins those principles.
The Independent
2 days ago
- Politics
- The Independent
Sheku Bayoh Inquiry to consider application for recusal of chairman
The Sheku Bayoh Inquiry is set to consider issues around fairness from the chairman, in a procedural hearing, after it emerged he met the grieving family several times. Sheku 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. The Crown Office decided not to take legal action against the police involved following an investigation, but the circumstances are being examined at the inquiry. The procedural hearing on Thursday and Friday was ordered by chairman Lord Bracadale to consider an application for his own recusal. It will take place at Capital House in Edinburgh. It comes after Lord Bracadale revealed he has met with the family of Mr Bayoh on at least five occasions since the inquiry began. The family's lawyer, Aamer Anwar, suggested the procedural hearing alone could 'cost the public purse in excess of £1 million'. The hearing follows an application for recusal of the chairman and an assessor on behalf of the Scottish Police Federation, Pc Craig Walker and Nicole Short. Recusal is the legal process by which a judge or other adjudicator steps aside from participating in a case due to potential bias, conflict of interest, or lack of impartiality. Mr Anwar said on behalf of the family: 'The procedural hearing follows an application for recusal of the chair and an assessor on behalf of the Scottish Police Federation, Pc Craig Walker and Nicole Short. 'The hearing will focus on the fairness of the conduct and procedure adopted by the chair in meeting the families of Sheku Bayoh. 'For the record, it is Lord Bracadale who has ordered this hearing. The inquiry will hear oral submissions from core participants. 'All core participants must publicly state their position as to whether they wish the chair to step down – it will be noted by the family as to what position all the public bodies such as Crown Office and the chief constable will adopt, as they have made a great deal over the years about being fully supportive of the public inquiry. 'The Bayoh family believe the federation and those hanging on to their coat-tails do so at the 11th hour, in a pathetic and desperate attempt to sabotage the inquiry. 'The family have watched so many parties who have literally sat on their hands for over 122 days of evidence, never publicly asking a question at a huge legal cost of £20 million to the public, yet this hearing in terms of police lawyers could cost the public in excess of £1 million.' He said the family are 'not giving up' and that 10 years on from Mr Bayoh's death they will 'once more call-out the dangerous arrogance of a criminal justice system that does not like accountability'. The Scottish Police Federation, Crown Office and Police Scotland have been asked for comment.
BBC News
2 days ago
- Politics
- BBC News
Sheku Bayoh: Hearing to decide whether chair should resign begins
A former judge who is chairing a £50m public inquiry into the death of a man in police custody will hear arguments on Thursday on whether he should step down or see the job Scottish Police Federation has accused Lord Bracadale of holding "secret" meetings with the family of Sheku Bayoh, who died after being restrained by police in Kirkcaldy in organisation which represents rank and file officers believes the five meetings could lead to "perceived bias" and has called for him to "recuse" Bracadale has been leading the inquiry since 2020 and ordered the hearing to allow core participants to make submissions on his conduct. If Lord Bracadale decides to stay in post, the federation has said it will seek a judicial departure and the search for a last minute replacement after five years of work would delay the inquiry's findings by many has already cost the public purse £24.8m, with an additional £24.3m spent by Police Scotland, including £17.3m of legal stage is now set for a robust exchange of legal arguments between senior lawyers. Roddy Dunlop KC, dean of the Faculty of Advocates, will represent the police federation and two of the officers involved in the incident which ended with Mr Bayoh's police federation has said that none of the other core participants were made aware that Lord Bracadale was meeting the family and the details of what was said have not been federation's general secretary David Kennedy has said it has lost confidence in the inquiry because not all core participants were being treated Bayoh family's solicitor Aamer Anwar has described the federation's actions as "a pathetic and desperate attempt to sabotage the inquiry" at the 11th claimed the hearing could cost taxpayers "in excess of a million pounds" in fees for "police lawyers." Competing arguments One of England's top barristers, Jason Beer KC, has been brought in as senior counsel for the inquiry is expected to argue that Lord Bracadale's actions were procedurally appropriate because of the importance of maintaining the family's prosecution service, the Crown Office, will state its position, along with Police Scotland, the Police Investigations and Review Commissioner and the Commission for Racial Equality and representing other police officers involved in the case will also have the opportunity to have their hearing is scheduled to last two days, with Lord Bracadale issuing his decision at a later inquiry has been examining what happened before and during the death of Sheku Bayou, who died in police custody. It has been looking at how the police dealt with the aftermath, the investigation into Mr Bayoh's death and whether race was a of the public called the police after Mr Bayoh was spotted carrying a knife and behaving erratically in the streets of Kirkcaldy on May 3, wasn't carrying the knife when officers arrived at the scene but a violent confrontation followed, with up to six officers restraining the 31-year-old on the father-of-two lost consciousness and later died in hospital.
