3 days ago
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.
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