Sheku Bayoh inquiry chair resigns

The chair of the inquiry into the death of Sheku Bayoh has resigned, two months after refusing to do so.

Lord Bracadale has been under pressure to recuse himself from the role after it surfaced that he had met with the family of Bayoh on multiple occasions, which the Scottish Police Federation (SPF) warned might give an impression of bias. 

He refused the recusal application made by the SPF in August, saying there was “no real possibility” that an informed observer could conclude he was biased.

But in a letter to the deputy first minister on Tuesday, Bracadale said he hoped “confidence in the inquiry would be restored” after addressing concerns about bias, but it was now clear “concerns about my conduct had not been allayed by my decision and that the criticisms have persisted”.

“As a result, it is now clear to me that many of the core participants have lost confidence in my conduct of the inquiry to such an extent that it cannot be retrieved,” he added. 

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. When he refused, it raised a judicial review of his decision.

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.

He maintains those meetings were to “obtain and retain [the Bayoh family’s] confidence in the inquiry and their engagement with it”, warning that they “would have walked out” if he had not.

But he said: “I very much regret that my conduct in relation to meeting the families for what I considered to be a reasonable purpose of maintaining their engagement with the inquiry has led to a loss of confidence by other core participants in my position as chair.”

Commenting on his decision to resign, SPF general secretary David Kennedy said: “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.”