Chair of Sheku Bayoh Inquiry resigns two months after refusing to quit

The chairperson of the Sheku Bayoh inquiry has resigned two months after he refused to quit his post.

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 Sheku Bayoh on at least five occasions.

Edinburgh & East

Sheku Bayoh Inquiry chairman refuses to stand down after accusations of bias

Sheku Bayoh, 31, a father-of-two, died after he was restrained by around six police officers.

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

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”.

A spokesperson for the Inquiry said: “Lord Bracadale has led the Sheku Bayoh Inquiry since he was appointed in January 2020 and has heard 122 days of evidence.

“Much important work remains to be done to fulfil the Inquiry’s terms of reference. The appointment of a new Chair is a matter for Scottish ministers.”

David Kennedy, general secretary of the Scottish Police Federation, added: “It is unfortunate for all those involved in the Inquiry that this situation has occurred.

“The meetings between Lord Bracadale and the family of Sheku Bayoh had created an appearance of bias. We look forward to the final stages of the Inquiry and bringing this matter to a conclusion.”

Bayoh’s family have been left “devastated” by Lord Bracadale’s decision to resign and they will now consider their position.

Lawyer, Aamer Anwar said: “Over the last three years, evidence at the Inquiry exposed the truth of what happened to Sheku Bayoh, the systemic failures, the failure to investigate racism and the devastating and deadly force used on an unarmed black man.

“For the Bayoh family, an unholy trinity of the Police, SPF and Crown Office have tried their very best to shut down this Inquiry, but they cannot hide from the truth.”

A Scottish Government spokesperson added: “Ministers would like to thank Lord Bracadale for his work on this important public inquiry.

“The Scottish Government is committed to establishing the facts surrounding the circumstances leading to Mr Bayoh’s death. We will now urgently consider the best way forward.”