Sheku Bayoh's family calls for government lawyer to resign after 'total betrayal'

The family of Sheku Bayoh has called on a senior Scottish Government lawyer to resign after what they described as “total betrayal”.

Mr Bayoh, 31, a father-of-two, died after he was restrained by around six police officers in Kirkcaldy, Fife, on May 3, 2015.

The Crown Office decided not to take legal action against officers involved following an investigation, but the circumstances are being examined at the inquiry.

Lord Bracadale, who is overseeing proceedings, had previously been criticised by the Scottish Police Federation after he met privately with the family of Mr Bayoh on at least five occasions.

Chairman Lord Bracadale ordered a procedural hearing in June to consider an application for his own recusal at Capital House in Edinburgh.

Police Federation threatens legal action against Bayoh Inquiry chair STV News

The hearing came after 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 withdraws from a case due to potential bias, conflict of interest, or lack of impartiality.

On Tuesday, in a letter to deputy first minister Kate Forbes, Lord Bracadale confirmed he was stepping down after the meetings with the family “gave rise to an appearance of bias”.

He believes the family “would have walked out of the inquiry” if the meetings didn’t take place as they “had already lost confidence”.

The Mr Bayoh family’s lawyer, Aamer Anwar, has slammed the move as the former judge “had done
nothing wrong”.

Mr Anwar also states that the “secret meetings” were referred to during the hearings and had also been widely publicised.

The family claimed Chief Constable Jo Farrell, the Solicitor General and the Scottish Police Federation had betrayed promises made to them regarding the inquiry.

On behalf of Bayoh’s loved ones, Mr Anwar has called for the Solicitor General to resign as her position is “untenable” because she “acted to protect an archaic institution the Crown Office from scrutiny”.

Sheku Bayoh inquiry head facing calls to step down STV News

Charteris is also accused of criticising Lord Bracadale for meeting the family despite having private meetings of her own with the family and the former Chair.

Mr Anwar said: “The Police, the Crown Office and the Federation should know that Sheku’s family will not rest til there is justice. We need justice and the truth, and the families of Sheku Bayoh will accept nothing
less.

“To conclude, it is the evidence exposed over 122 days exposed the unlawful actions of officers, the
disproportionate use of force.

“The Solicitor General has the evidence, so do your job and put those police officers on trial.”

The Scottish Police Federation claimed that with Lord Bracadale at the helm, the Inquiry was not “fair, open and transparent”.

The general secretary of the organisation, which represents rank and file officers, David Kennedy, told STV News: “It’s unfortunate we’re in this position but it has happened.

“The question that has to be asked is that a public inquiry should be fair, open and transparent, and it was clear here that wasn’t the case.”

The Solicitor General for Scotland, Ruth Charteris KC, added: “Lord Bracadale is rightly recognised for his many years of distinguished public service. His commitment to the rule of law, his integrity and his dedication have earned him widespread respect within the legal profession and beyond.

“Every public role comes with its challenges and Lord Bracadale deserves our gratitude and respect as he steps down from this inquiry.

“I fully appreciate that a further delay in concluding the inquiry will be a source of disappointment and frustration to the family, and I acknowledge that it will also incur further cost to the public purse.

“My position has been that certain procedural approaches, while undertaken with good intentions, may satisfy the test for apparent bias. In my role, I am duty-bound to act in the public interest, and I could not remain silent.”

Deputy Chief Constable Alan Speirs said: “We recognise the devastating impact on everyone affected by Sheku Bayoh’s death and I would publicly reiterate our commitment to engage with the inquiry with absolute candour in order to provide answers for Sheku’s family and friends.”

‘I am tired, I am angry, I am scared’

Sheku Bayoh’s sister Kadi Johnson has described the latest setback in the inquiry as “another wound to our family” and believes this is “another leg of a long exhausting road”.

Sheku Bayoh's sister, Kadi Johnson, was left "shaken" by the chairperson's decision to step down. — Sheku Bayoh’s sister, Kadi Johnson, was left “shaken” by the chairperson’s decision to step down. STV News

In a statement made during a Glasgow press conference she thank Lord Bracadale for the “time, effort and seriousness” he displayed during the inquiry.

Following his decision to step down, the family say they felt both angry and frustrated. The resignation has also “shaken” Kadi’s confidence in the investigation.

Despite the Chairperson stepping down, the family has vowed to continue their search for justice.

Kadi said: “I want the truth to be known and I don’t want any family like we have for over a decade.

“I want the police officers who murdered my brother to be prosecuted.”