The chairman of the Sheku Bayoh Inquiry has decided not to recuse himself after ruling there was no possibility that he was biased.
A procedural hearing ordered by Lord Bracadale was held in June after he revealed he has met with Mr Bayoh’s family on five occasions since the inquiry began.
Mr Bayoh, 31, a father-of-two, died after he was restrained by around six police officers who were called to Hayfield Road in Kirkcaldy, Fife, on May 3 2015.
After considering the matter, Lord Bracadale has refused the application for his recusal.
In a decision published on Wednesday, he said: “Having reviewed the facts, the fair-minded and informed observer would conclude that there was no real possibility that I was biased.”
He said such an observer would note that “although the meetings with the families of Sheku Bayoh were private, they were not kept secret”.
The application for recusal of the chairman and assessors was lodged on behalf of the Scottish Police Federation, Pc Craig Walker and Nicole Short.
A spokeswoman for the inquiry said: “The inquiry held a procedure and conduct hearing on June 12.
“After careful consideration of written and oral submissions from core participants, Lord Bracadale has decided not to recuse himself or terminate the appointments of the assessors.
“Having regard to the relevant legal test, he has determined there is no apparent bias.
“Taking into account various considerations in respect of the handling of the inquiry, he has determined having meetings with the families was not unfair.
“There is much important work for the inquiry still to do, not least proceeding with closing submissions and moving towards the writing of the final report. The team is working at pace and will announce next steps in due course.”
The inquiry has been examining the circumstances of Mr Bayoh’s death, and whether race was a factor.
In a statement issued on behalf of the Bayoh family, lawyer Aamer Anwar said: “Lord Bracadale, following an application by the Scottish Police Federation, PCs Craig Walker and Nicole Short to recuse himself and to terminate the appointments of the assessors Raju Bhatt and Michael Fuller, has refused to do so – he has delivered a humiliating and devastating indictment not just on the Federation but also the Solicitor General and Police Scotland.
“Despite their desperate claims, the chair Lord Bracadale has done nothing wrong, he is a judge with over 50 years’ legal experience, respected for his impartiality and integrity.
“It comes as no surprise that both the Police Federation and Solicitor General failed to grasp that this inquiry’s duty under the Human Rights Act is to conduct a thorough investigation into the death of Sheku Bayoh, having at the inquiry’s heart the Bayoh family.
“There is nothing wrong with the chair treating a bereaved family with compassion and respect.”
Scotland’s 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.”
A spokesperson for the Scottish Police Federation 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.”
A Scottish Government spokesperson said: “The chair has conducted an independent process and delivered his findings.
“Given the independence of that process, it would not be appropriate to comment on the submissions of any core participants or on the process itself.”
