The chair of the Sheku Bayoh public inquiry is set to face a judicial review hearing amid controversy over multiple private meetings held with the family of the deceased, raising questions over impartiality and fairness.
Lord Bracadale, who is leading the inquiry into the death of Sheku Bayoh, has reportedly met with Mr Bayoh’s family on at least five separate occasions since the formal hearings began. The Scottish Police Federation (SPF), representing rank-and-file officers, has expressed serious concerns, arguing that these undisclosed meetings have compromised the integrity of the proceedings.
Mr Bayoh, 31, died after being restrained by six police officers in Kirkcaldy, Fife, on 3 May 2015. The inquiry, which began in 2021, is examining the circumstances of his death, including the conduct of officers, institutional response, and whether race played any role in the events or subsequent investigation.
David Kennedy, general secretary of the SPF, stated: “These unusual developments have left many core participants feeling that the process no longer appears transparent and open, with all core participants having been treated equally. We have lost confidence in the inquiry and regrettably, we have been compelled to indicate that we consider it necessary to petition for judicial review.”
According to the SPF, none of the other participants were informed of the family meetings, either before or after they took place, and the contents of those conversations remain undisclosed. A hearing will be held in June to assess the fairness of the chairman’s conduct.
However, the move has been strongly criticised by the Bayoh family’s solicitor, Aamer Anwar, who described it as a politically motivated “attack” on the integrity of the inquiry, and a “desperate attempt to undermine” the pursuit of truth and justice, just days before the 10th anniversary of Mr Bayoh’s death.
Mr Anwar said: “For over 50 years, Lord Bracadale has served the public with distinction, always acting with integrity and impartiality. That this challenge arises now, after more than three years of proceedings without complaint, speaks volumes. In every other public inquiry in the UK, it is entirely standard for chairs to meet with victims’ families.
“Only recently, the Chief Constable met the Bayoh family to offer her apologies and publicly backed the inquiry. The former Lord Advocate also offered his apologies to the family during evidence. So the real question is not what the SPF says, but whether the Crown Office and the Chief Constable’s legal teams support this challenge.”
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Mr Anwar also raised concerns over the financial cost of continued legal challenges by police. “Police Scotland advised us through a Freedom of Information request that £17.3 million has already been spent on lawyers since the inquiry was announced. The public deserves to know why millions more may now be spent defending this final throw of the dice by those acting for the police.”
A spokesperson for the Sheku Bayoh inquiry confirmed that a public hearing will be held in June to address concerns about the chairman’s meetings with the family. “The inquiry intends to hold a public hearing in June on the fairness of the conduct and procedure adopted by the chair in meeting with the families of Sheku Bayoh. Further information will be published on the inquiry website in due course.”
As the hearing approaches, tensions continue to mount between those seeking accountability and others demanding procedural scrutiny. The outcome could have far-reaching implications, not only for the Bayoh inquiry but for future public inquiries across the UK.
