Latest news with #SolicitorGeneral
Rhyl Journal
11 hours ago
- Politics
- Rhyl Journal
Chairman of Sheku Bayoh Inquiry decides against recusing himself
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.' He said such an observer would note that 'although the meetings with the families of Sheku Bayoh were private, they were not kept secret'. 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.'
North Wales Chronicle
11 hours ago
- Politics
- North Wales Chronicle
Chairman of Sheku Bayoh Inquiry decides against recusing himself
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.' He said such an observer would note that 'although the meetings with the families of Sheku Bayoh were private, they were not kept secret'. 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.'
Glasgow Times
11 hours ago
- Glasgow Times
Chairman of Sheku Bayoh Inquiry decides against recusing himself
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.' 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.'
Daily Mail
14 hours ago
- Daily Mail
Teenage boy who killed elderly dog walker Bhim Kohli will NOT have his seven-year sentence for manslaughter increased - despite prosecutors claiming it was 'unduly lenient'
A teenage boy who killed elderly dog walker Bhim Kohli in a Leicestershire park will not have his sentence for manslaughter reduced, the Court of Appeal has ruled. Mr Kohli, 80, was punched and kicked, slapped in the face with a shoe and racially abused in an attack near Leicester, on September 1 last year, and died the next day. A balaclava-clad 15-year-old boy attacked Me Kohli while a 13-year-old female filmed and laughed. In June, the 15-year-old, who cannot be named for legal reasons, was convicted of manslaughter and sentenced to seven years' custody in June. The girl was spared jail and instead handed a three-year youth rehabilitation order. Following the boy's sentencing, Lucy Rigby, the Solicitor General (SG), referred the case to the Court of Appeal under the unduly lenient sentence scheme. At a hearing on Wednesday, Lady Justice Macur, sitting alongside Mrs Justice Cutts and Mr Justice Murray, ruled that the boy's sentence was neither unduly lenient nor manifestly excessive. She said: 'We consider that the judge conscientiously executed the necessary sentencing exercise and conveyed his remarks to offender and co-defendant with great skill. 'We do not find that the sentence was unduly lenient.' Of the attempt to reduce the sentence, she said: 'The sentence was a very significant sentence and necessarily so. 'It is entirely warranted by the seriousness of the offence. It is unarguable that the sentence was manifestly excessive.' Paul Jarvis KC, for the SG, said that although the sentencing judge did not identify a high risk of death, he did say there was a high risk of very serious harm. He added: 'We say, if not unduly lenient, most certainly not manifestly excessive.' Balraj Bhatia KC, for the boy, told the court that Mr Kohli's frailty meant 'little or no force was required' to kill him. He said: 'Sadly, the vulnerability of the deceased's neck was such that had he spent a day on his beloved allotment and fallen accidentally, the result would have been the same.' Addressing Mr Kohli's family at the end of the hearing, Lady Justice Macur said: 'We wish to express genuine condolences to the family of Mr Kohli who have experienced such a devastating loss. 'The photographs which have appeared in the press accurately reflect what was obviously a sunny disposition and genuine enjoyment of life, his family, and all of that which he did. 'It is a loss that will be hard to bear.' Mr Kohli's grieving daughter Susan said shortly afterwards that she was 'disappointed' that the sentence will remain the same. The pensioner was attacked at Franklin Park in Braunstone Tow near Leicester on September 1 last year. The court heard that the girl encouraged the attack by filming parts of it while laughing, with video clips showing the balaclava-clad boy hitting Mr Kohli with a shoe. Another clip showed Mr Kohli lying on the ground motionless. The grandfather had been racially abused and left on the ground near his home before his family found him severely injured in the evening. He died in hospital the next day having suffered a broken neck and fractured ribs. The girl took a photograph of Mr Kohli on her phone the week before the alleged incident, but denied she used this to 'target' him, the trial heard. Police also recovered a video from her phone of a group of children 'confronting' an unknown man on a separate occasion, who was hit to the back of the head and called a 'P*** bastard' while she was heard laughing. During the trial, jurors heard the boy say in his evidence that he had a 'tussle' with Mr Kohli over his slider shoe before he slapped the elderly man with it out of 'instinct', which caused the pensioner to fall to his knees, but he denied kicking or punching him. In a letter written by the boy to a woman who had worked with him at the residential unit where he was being looked after, he wrote: 'I f****** hate what I did. I regret it so much. 'I have flashbacks of that day and it just upsets me. I kinda just needed anger etc releasing.' The pair were convicted of manslaughter and sentenced in June at Leicester Crown Court. Mr Justice Turner, who referred to the boy as D1 and the girl as D2, said what the pair had done was 'wicked' - and the pensioner 'did nothing to deserve' being attacked. He said to the pair: 'I am sure, D1, from the start you wanted to confront Mr Kohli, mainly because you were showing off to D2 - you knew she was watching and was likely to take films on her mobile phone.' The judge said to the boy: 'I am sure you knocked Mr Kohli to the ground and hit him with your sliders. I am sure Mr Kohli did nothing at all to deserve what you did. What you did was wicked. You made a cowardly and violent attack on an elderly man.' Mr Justice Turner added that evidence that Mr Kohli told his daughter he was called a 'P***' during the attack was right, but that evidence from their mobile phones did not show they held 'general racist views'. He said: 'It was a lazy but very hurtful insult.' Mr Justice Turner said the boy had decided in advance that he would be 'hostile' towards Mr Kohli, which was why he put his balaclava on before approaching him. He said: 'What you did was not one single attack which you immediately regretted, but two separate violent outbursts.' The judge said using his slider shoe as a weapon was 'more humiliating than dangerous' and that he was 'playing up to' the girl and her video recording. He said: 'I'm sure you regret he died because of what you did to Mr Kohli, but you still say it wasn't your fault. It was your fault and the sooner you realise this the better.' The judge also told the girl that a short custodial sentence would do more harm than good, given the impact on her education. Mr Kohli's grieving daughter Susan had previously spoken out about her disappointment at the sentencing as being too lenient. Standing on the steps outside Leicester Crown Court in June, she said: 'I feel angry and disappointed that the sentence... does not, I believe, reflect the severity of the crime they committed.' Solicitor General Lucy Rigby, who referred the sentence of Bhim Kohli's killer to the Court of Appeal under the unduly lenient sentence scheme, said she respects the court's decision not to change the sentence. In a statement after the hearing on Wednesday, she said: 'Bhim Kohli suffered an entirely unprovoked attack while walking his dog in his local park, the nature of which shocked the country. 'It was understandable that I received several requests under the Unduly Lenient Sentence scheme to consider his sentence. 'Following careful consideration, I concluded that the male offender's sentence should be referred to the Court of Appeal as it appeared unduly lenient. 'I respect the Court of Appeal's decision. My thoughts today are with Mr Kohli's friends and family, and everyone impacted by this horrendous crime.'
Leader Live
15 hours ago
- Politics
- Leader Live
Chairman of Sheku Bayoh Inquiry decides against recusing himself
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.' He said such an observer would note that 'although the meetings with the families of Sheku Bayoh were private, they were not kept secret'. 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.'
