Scotland’s home affairs correspondent
Bayoh familyThe chairperson of the Sheku Bayoh inquiry is to consider whether he should step down after the Scottish Police Federation (SPF) questioned his impartiality.
The organisation, which represents rank and file officers, has raised concerns about Lord Bracadale’s 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.
Former High Court judge Lord Bracadale, who was appointed five years ago, will seek the opinion of all the parties represented at the inquiry at a hearing in June, before deciding whether to carry on or step aside.
It he stays, the federation could challenge his decision through a judicial review.
But if Lord Bracadale goes, it will result in a significant delay to the inquiry issuing its findings.
A spokesperson for the inquiry said: “The Scottish Police Federation has raised concerns about Lord Bracadale meeting with the families of Mr Bayoh.
“Loss of confidence by a core participant in the fairness of the conduct and procedure of the inquiry by Lord Bracadale is a matter of concern.
“The Inquiry intends to hold a public hearing in June on the fairness of the conduct and procedure adopted by Lord Bracadale in meeting the families. Submissions are invited from all core participants.”
Since his appointment in 2020, Lord Bracadale has held 122 days of oral hearings, examining what happened on the day of Mr Bayoh’s death, the way the incident was investigated and handled by the authorities and whether race was a factor.
The uncertainty over his position comes with the inquiry’s finishing line in sight.
It has completed the process of gathering evidence and was due to hear closing submissions before Lord Bracadale begins the task of reaching his conclusions.
PA MediaLord Bracadale was appointed to the Court of Session and High Court of Justiciary in 2003, and to the Inner House in 2013.
He presided over some of the most high-profile criminal trials in recent Scottish history before retiring in 2017.
Lord Bracadale was then appointed by the Scottish government to lead an independent review of hate crime legislation.
He previously worked as a prosecutor in the Crown Office and Procurator Fiscal Service, where he was one of the prosecutors during the Lockerbie bombing trial which led to Abdelbaset al-Megrahi being convicted in 2001.
The former judge has been leading the inquiry into Mr Bayoh’s death since 2020.
Mr Bayoh lost consciousness after being restrained by six officers in Hayfield Road, Kirkcaldy, on the morning of 3 May 2015.
He was under the influence of drugs, carrying a knife and behaving erratically when members of the public first contacted the police.
However, by the time officers arrived, he was no longer in possession of the weapon.
A violent confrontation followed and Mr Bayoh was taken to hospital, where he later died.
His family have called for the inquiry to look into why the Crown Office decided not to prosecute the officers involved.
However, that request was rejected by Deputy First Minister Kate Forbes, who said it would not be in the public interest.
