THE chair of the Sheku Bayoh inquiry will consider whether he should step down after police officers questioned his impartiality.
The Scottish Police Federation (SPF) called into question Lord Bracadale’s neutrality after he met with Mr Bayoh’s family.
The father of two, a black man, died in police custody aged 31 in May 2015.
Lord Bracadale, a former High Court judge, will seek the opinions of all parties represented at the inquiry at a meeting in June before deciding whether to quit.
If he goes, it will result in a significant delay to an already lengthy investigation.
Aamer Anwar, the Bayoh family’s solicitor, accused the SPF of a “desperate and pathetic attempt to derail the inquiry" and warned that Lord Bracadale stepping down would halt progress for “years”.
A spokesperson 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 the families. Submissions are invited from all core participants."
Lord Bracadale, appointed in 2020, has held 122 days of oral hearings on the events of the day of Mr Bayoh’s death, the way the incident was investigated and whether the deceased’s race was a factor.
The inquiry has completed the process of gathering evidence and was due to hear closing submissions before Lord Bracadale began drawing conclusions.
Anwar told the BBC it was not unusual for public inquiry chairs to meet the families of people involved in the process.
He said: “Lord Bracadale is a man who is widely respected across the legal profession.
"He has given 50 years of his life to public service, without blemish.
"This attempt to attack his integrity and impartiality, as far as the Bayoh family is concerned, is beneath contempt."
Concerns about his impartiality first emerged in March, when Sadif Ashraf, solicitor to the inquiry, wrote to all participants about the complaints made about Lord Bracadale’s (below) meetings with Mr Bayoh’s family.
In his letter, Ashraf said: “The engagement of the families with the inquiry is crucial to the effectiveness of the inquiry in fulfilling its terms of reference.
"If the inquiry failed to obtain and retain the confidence of the families its effectiveness would be prejudiced."
He added that there was a “real prospect” the family would fail to engage with the inquiry as they had lost confidence in state institutions since Mr Bayoh’s death in 2015.
The first meeting took place on November 4, 2021, about a year into the inquiry, and involved a discussion on the family’s approach to their presentation on Mr Bayoh’s life.
A second meeting was held on April 13, 2022 to discuss the same presentation, which was to be made the next month.
There were subsequent meetings, more or less annually in November 2022 and in January and December in 2024.
The letter said: "The purpose of the annual meetings was to address issues relating to the welfare of family members as the inquiry progressed and the impact on family members of the processes and procedures of the inquiry.
"The chair made it clear that anything of an evidential nature would require to be examined in evidence in the inquiry."
It added Lord Bracadale was committed to the "independence, impartiality and transparency" of the inquiry.
