Latest news with #LordBracadale
Daily Mail
2 days ago
- Politics
- Daily Mail
Police in legal threat after Sheku Bayoh judge refuses to quit despite row over bias
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.'
Yahoo
2 days ago
- Politics
- Yahoo
Chair of Sheku Bayoh inquiry refuses to step down
The chairperson of the Sheku Bayoh inquiry has refused a request to step down after the Scottish Police Federation (SPF) questioned his impartiality. The organisation, which represents rank and file officers, had raised concerns about Lord Bracadale's private meetings with the family of Mr Bayoh. The father-of-two was 31 when he died in May 2015 after being restrained by six police officers in Kirkcaldy, Fife. The SPF claimed the meetings "torpedoed the independence of the chair" but Lord Bracadale said the family's participation in the inquiry was vital. The former judge has now concluded the five family meetings were "private but not secret" and not unfair to the inquiry process. However, the issue might not be over as is it understood the SPF is considering challenging the decision through a judicial review in the civil courts. Lord Bracadale's ruling comes after a hearing in June where the opinion of all the parties represented at the inquiry was aired. A spokeswoman for the inquiry said: "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." A spokesperson for the SPF 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. "Police officers will continue to call for a fair and transparent hearing, based on the evidence alone." During the June hearing, lawyers for the SPF claimed the "meetings were, in almost their entirety, completely inappropriate". 'Last throw of the dice' The public inquiry has been examining the circumstances of Mr Bayoh's death, and whether race was a factor. A statement issued by lawyer Aamer Anwar, on behalf of the Bayoh family, said the challenge had been a "desperate last throw of the dice". It said: "There is nothing wrong with the chair treating a bereaved family with compassion and respect. "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." Mr Anwar was also critical of a submission on behalf of Scotland's solicitor general, Ruth Charteris KC, who is deputy head of the country's prosecution service and a legal adviser to the Scottish government. It said the "procedure followed by the inquiry was unfair". The submission also concluded the concerns about apparent bias, about the risk of the appearance of influence on the chair, and about unfairness "require to be acknowledged as valid". However, it did not support calls for Lord Bracadale's recusal. 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." How did Sheku Bayoh die? The 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 factor. Members of the public called the police after Mr Bayoh was spotted carrying a knife and behaving erratically in the streets of Kirkcaldy on 3 May 2015. He was not 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 ground. The father-of-two lost consciousness and later died in hospital. Chair of Sheku Bayoh inquiry to consider stepping down Bayoh family settle damages claim against police No change to Bayoh death inquiry remit - Forbes
Sky News
3 days ago
- Politics
- Sky News
Chairman of Sheku Bayoh Inquiry refuses to step down after recusal request
Why you can trust Sky News The chairman of the Sheku Bayoh Inquiry has refused a request to step down following concerns over his impartiality. A procedural hearing ordered by Lord Bracadale was held in June amid complaints he had privately met with Mr Bayoh's family on five occasions since the inquiry began. Father-of-two Mr 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 - including whether race was a factor - are being examined at the inquiry. The application for Lord Bracadale to recuse himself was made by the Scottish Police Federation (SPF), PC Craig Walker and former officer Nicole Short. After "careful consideration" of the matter, the former judge has refused the application for his recusal and to terminate the appointments of the assessors, Raju Bhatt and Michael Fuller. A spokesperson for the inquiry said: "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 SPF - which represents rank-and-file officers - said it is disappointed with the decision. A spokesperson 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." In a statement issued on behalf of the Bayoh family, lawyer Aamer Anwar said Lord Bracadale had "done nothing wrong". Mr Anwar added: "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." Deputy First Minister Kate Forbes noted Lord Bracadale's decision and hopes all parties involved "can progress the important work of the inquiry as soon as possible". She added: "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."
The Independent
3 days ago
- Politics
- The Independent
Chairman of Sheku Bayoh Inquiry decides against recusing himself
The chairman of the Sheku Bayoh Inquiry has decided not to recuse himself after ruling there was no possibility that he was biased. A procedural hearing ordered by Lord Bracadale was held in June after he revealed he has met with Mr Bayoh's family on five occasions since the inquiry began. 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.' 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. 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.'
BBC News
3 days ago
- Politics
- BBC News
Chair of Sheku Bayoh inquiry refuses to step down
The chairperson of the Sheku Bayoh inquiry has refused a request to step down after the Scottish Police Federation (SPF) questioned his organisation, which represents rank and file officers, had raised concerns about Lord Bracadale's private meetings with the family of Mr BayohThe father-of-two was 31 when he died in May 2015 after being restrained by six police officers in Kirkcaldy, SPF claimed the meetings "torpedoed the independence of the chair" but Lord Bracadale said the family's participation in the inquiry was vital. The former judge has now concluded the five family meetings were "private but not secret" and not unfair to the inquiry process. However, the issue might not be over as the SPF could challenge the decision through a judicial review in the civil Bracadale's decision comes after a hearing in June where the opinion of all the parties represented at the inquiry was aired. A spokeswoman for the inquiry said: "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."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."
