Latest news with #ShekuBayohInquiry
Yahoo
5 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
6 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
6 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.'
STV News
6 days ago
- Politics
- STV News
Sheku Bayoh Inquiry chairman refuses to stand down after accusations of bias
The chairman of the Sheku Bayoh Inquiry has refused calls to stand down after accusations of bias. 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. A procedural hearing in June was ordered by chairman Lord Bracadale to consider an application for his own recusal at Capital House in Edinburgh. It came after the judge 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 £1m'. 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. On Wednesday, Lord Bracadale refused to recuse himself and refused to terminate the appointments of the assessors Raju Bhatt and Michael Fuller. 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. 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.' 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
Daily Mail
12-06-2025
- 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.'
