Chair of Sheku Bayoh inquiry to stay on after rejecting 'bias' claims

The Scottish Police Federation (SPF), which had questioned the impartiality of Lord Bracadale, said the decision had been met with “dismay.” It is understood that the federation is currently considering the decision by the inquiry chair, and has not at this stage ruled out the prospect of challenging it via a judicial review.

However, lawyer Aamer Anwar, who is representing the Bayoh family, dismissed the SPF’s “desperate claims” and described it as a “last throw of the dice.”

A procedural hearing ordered by Lord Bracadale was held in June after he revealed he had met with members of Bayoh's family on five occasions since the inquiry began in 2020.

Mr Bayoh, 31, a father-of-two, died after he was restrained by around six police officers in Kirkcaldy, Fife in May 2015.

After considering the matter, Lord Bracadale refused the application for his recusal. In his written decision, 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 SPF, PC Craig Walker and Nicole Short.

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.

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“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.

She added: “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.”

In a statement, the SPF, which represents rank and file officers, 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.”

The inquiry into Mr Bayoh’s death, which has been looking at how the police dealt with the aftermath, the investigation, and whether race was a factor. has cost more than £25.6 million to date.