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.”

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.”

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.”