The chair of the Sheku Bayoh inquiry is facing a hearing into “fairness” after it emerged he had five meetings with the grieving family.
The Scottish Police Federation (SPF) has intimated a petition for a judicial review of the inquiry after inquiry chairman Lord Bracadale revealed he has met with the family of Mr Bayoh on at least five occasions since hearings began.
The inquiry has been examining the circumstances leading to Mr Bayoh’s death, the investigation into his death, and whether or not race was a factor.
David Kennedy, SPF general secretary, said: “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.”
However, solicitor Aamer Anwar, acting for the family, branded it an “attack” and a “desperate attempt to undermine the inquiry” shortly before the 10th anniversary of Mr Bayoh’s death.
Mr Anwar said: “For over 50 years, Lord Bracadale has given his life to public service, acting always with integrity and impartiality, yet this attack comes as no surprise to the Bayoh family, who have been subjected to repeated abuse and attempts to undermine them.
“In over three years nobody has uttered a word of complaint.
“Why should the chair of a public inquiry not meet the victim’s family as they do indeed in every other public inquiry in the UK?
“Only recently, the Chief Constable met with the Sheku Bayoh family to offer her apologies to them, and she publicly stated her full support for the public inquiry.
“During the course of evidence, the former Lord Advocate offered his apologies to the Bayoh family – so the question is not what the Federation say, but what lawyers for the Crown Office and Chief Constable will do at the hearing.”
He added: “Police Scotland recently advised us in an FOI they had spent £17,332,174 on lawyers since the public inquiry was announced – in this final throw of the dice by those acting for the police, the public have right to know why millions more must be spent on police lawyers.”
A hearing will be held in June regarding “fairness of the conduct” of the chairman.
The Scottish Police Federation (SPF) said none of the other core participants in the inquiry were notified, either before or after, that such meetings had taken place and that “details of the substance of the private meetings” have not been disclosed.
Mr Kennedy said: “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.
“We are seeking a fair and transparent public inquiry. We will of course listen to what Lord Bracadale has to say at the forthcoming hearing but as things stand I imagine that it will be necessary to proceed with the petition.”
A spokesperson for the Sheku Bayoh inquiry said: “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.”
