Sheku Bayoh public inquiry plunged into doubt amid police union claims of bias

The long-running public inquiry into the events surrounding the death of a father-of-two in police custody has been plunged into uncertainty amid allegations against its chair and legal action by the organisation representing rank-and-file police officers.

The inquiry into the death of Sheku Bayoh has scheduled a hearing later this summer regarding the conduct of Lord Bracadale. The former High Court judge has helmed the inquiry since 2020, but it is understood he will consider whether he should step down from the role in the wake of the hearing this summer.

It comes after the Scottish Police Federation (SPF) questioned his impartiality regarding meetings with Mr Bayoh’s family. The federation has initimated a petition for a judicial review of the inquiry and said it has “lost confidence” in the proceedings.

Mr Bayoh, 31, died in May 2015 after being restrained on the ground by six police officers in the Fife town of Kirkcaldy. The inquiry into the circumstances of his death is focusing on how police dealt with the incident, their conduct after his death, and whether Mr Bayoh’s race was a factor.

Lord Bracadale has chaired the inquiry since it began its work in November 2020. Picture: PA | PA

Since the statutory inquiry began its work in November 2020, it has cost more than £23.7 million. It has completed the process of gathering evidence and was due to hear closing submissions. However, a hearing has now been scheduled for June regarding Lord Bracadale.

It is understood Lord Bracadale will seek the opinion of all parties before deciding whether to continue as the inquiry chair. Should he step aside, it would result in significant delays to the inquiry’s work

After the concerns were first raised, Sadif Ashraf, the solicitor to the inquiry, wrote to all parties In March, pointing out the engagement of families was “crucial to the effectiveness” of the inquiry. He stressed that if the inquiry failed to obtain and retain the confidence of the families, its effectiveness would be prejudiced.

Mr Ashraf said since the start of the inquiry’s work, Lord Bracadale had publicly expressed his intention to keep the families “at the heart” of the inquiry, and considered it “reasonable and appropriate” to meet members of the Bayoh families “from time to time” to reassure them, maintain their confidence in its work, and encourage them to participate fully in it.

Sheku Bayoh died in 2015. | PA

The first meeting took place in November 2021, followed by further meetings in April and November 2022, and January and December 2024. Mr Ashraf’s letter noted the purpose of the meetings was “to address issues relating to the welfare of family members as the inquiry progressed”, and the impact on them of the inquiry.

“The chair made it clear that anything of an evidential nature would require to be examined in evidence in the Inquiry,” Mr Ashraf added.

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A spokeswoman 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 with the families. Submissions are invited from all core participants.”

The SPF said the fact that Lord Bracadale had meet with the families “on at least five occasions,” led to petition for judicial review, and said that none of the other core participants in the inquiry were notified, either before or after, that such meetings had taken place. It also said that details of the substance of the private meetings have not been disclosed.

The inquiry into Mr Bayoh's death has cost more than £23.7m to date. Picture: PA | PA

David Kennedy, general secretary of the federation, said: “These unusual developments have left many core participants feeling that the process no longer appears transparent and open, with all core participants having been treated equally.

“We have lost confidence in the inquiry and regrettably, we have been compelled to indicate that we consider it necessary to petition for judicial review. We are seeking a fair and transparent public inquiry. We will of course listen to what Lord Bracadale has to say at the forthcoming hearing, but as things stand I imagine that it will be necessary to proceed with the petition.”

However, solicitor Aamer Anwar, acting for Bayoh the family, branded the SPF’s stance as an “attack” and a “desperate attempt to undermine the inquiry” shortly before the tenth anniversary of Mr Bayoh’s death.

“For over 50 years, Lord Bracadale has given his life to public service, acting always with integrity and impartiality, yet this attack comes as no surprise to the Bayoh family, who have been subjected to repeated abuse and attempts to undermine them,” he said.

“In over three years nobody has uttered a word of complaint. Why should the chair of a public inquiry not meet the victim’s family as they do indeed in every other public inquiry in the UK?”

Mr Bayoh’s 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.

Since his appointment, 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.

Lord Bracadale was previously appointed by Scottish ministers to lead an independent review of hate crime legislation. A former home advocate depute, he also presided over some of the most high-profile criminal trials in recent Scottish history before retiring as a judge in 2017.