Lord Bracadale to remain as chair of Sheku Bayoh inquiry

Lord Bracadale will not recuse himself as chair of the Sheku Bayoh inquiry, he has announced.

The decision follows calls for him to go after it surfaced that he had met with the family of Bayoh on multiple occasions.

The Scottish Police Federation (SPF), which lodged the application for recusal, had expressed concern about the appearance of bias as a result of these meetings.

After consideration, the application has been denied by Lord Bracadale on the grounds that there was “no real possibility” that an informed observer could conclude he was biased.

The SPF has expressed dismay at the decision.

Bayoh died in May 2015 after being restrained by police officers in Kirkcaldy.

The inquiry into the death was launched in November 2020 to examine the circumstances around the incident, how the police dealt with the aftermath, the subsequent investigation into Bayoh’s death, and whether race was a factor.

The SPF, which represents rank-and-file police officers, took the decision to challenge Lord Bracadale’s continuation as chair, claiming meetings between him and Bayoh’s family were not disclosed to core participants.

It also sought the removal of one of the assessors who support the work of the chair but do not form part of the panel.

Lord Bracadale met with the family of Bayoh on five occasions between November 2020 and December 2024, along with members of the inquiry team. The family’s legal team was also present.

The SPF had not argued these meetings created any actual bias, only the appearance of such.

In his decision, Lord Bracadale concluded: “Having reviewed the facts the fair-minded and informed observer would conclude that there was no real possibility that I was biased.”

He continued: “Taking into account (a) the content and context of the meetings, in the course of which, as I have already examined in detail in the context of apparent bias, I was not receiving evidence or submissions; (b) the centrality and focus of the evidence; (c) the structural and procedural protections of the right to be heard established in the inquiry; and (d) that as a result of the current process core participants are aware of the context and contents of the meetings and will have an opportunity to make submissions, I am satisfied that the meetings with the families of Sheku Bayoh did not constitute a breach of the right to be heard.”

Had Lord Bracadale recused himself, it would have added a significant delay to the already long-running inquiry.

The SPF could push for a judicial review of his decision.

A spokesperson said: “Any fair minded observer would be concerned when it is revealed that there have been five meetings with a core participant family, without the knowledge of the other core participants. The inquiry’s legal team asserted that no evidence was discussed at these meetings, it subsequently transpired that was not the case.

“Lord Bracadale has never asked for a meeting with former PC Nicole Short, who was assaulted in May 2015 in the line of duty and who has been unable to return to work as a result of her injuries. Police officers will continue to call for a fair and transparent hearing, based on the evidence alone.”

Commenting on the announcement, 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.”