Scotland's solicitor general, Ruth Charteris KC, has accused the chair of the public inquiry into the death of Sheku Bayoh of 'apparent bias', casting doubt on the future of the hearing. The unprecedented intervention follows calls from the Scottish Police Federation (SPF) for Lord Bracadale to resign.
Charteris and the SPF claim the former high court judge unfairly held private meetings with Bayoh's family and allegedly gave them information not shared with other participants. Bracadale has rejected the claims, which have also been disputed by Jason Beer KC, lead counsel for the inquiry.
Bayoh died in May 2015 after being forcibly detained by six police officers in Kirkcaldy, Fife. A postmortem found 23 injuries and haemorrhages consistent with being crushed during arrest or resuscitation attempts. The inquiry, costing about £50m, has heard 122 days of evidence into allegations of unjustified force and racism.
In a written request, SPF lawyer Roddy Dunlop KC said 12 participants believed Bracadale should step down due to 'apparent bias'. However, Police Scotland's chief constable, Jo Farrell, expressed a 'strong preference for the inquiry to continue'. Bracadale stressed he would decide after hearing oral arguments, noting the public interest in ensuring the family's confidence.
At an oral hearing on Thursday, Dunlop cited minutes of Bracadale's meetings with the family as evidence of 'unconscious bias', including describing their testimony as 'powerful'. Charteris referred to 'apparent bias' multiple times, but said it was for the inquiry to decide how to proceed. Beer recommended Bracadale stay in post, arguing the criticisms were factually incorrect.
