Former judge Lord Bracadale resigns as chair of Sheku Bayoh death inquiry

Lord Bracadale has resigned as chairman of the Sheku Bayoh inquiry, more than two months after he refused to step down.

The Scottish Police Federation (SPF), which represents rank-and-file officers, has previously questioned the former judge’s impartiality.

SPF raised concerns about Lord Bracadale’s private conversations with Mr Bayoh’s family.

The father-of-two was 31 when he died after being restrained by six police officers in Kirkcaldy, Fife, in May 2015.

The inquest is examining what happened before and during Mr Bayou’s death in police custody.

It examines how the police dealt with the aftermath, the investigation into Mr Bayoh’s death and whether race was a factor.

Lord Bracadale confirmed his resignation in a letter to Deputy First Minister Kate Forbes.

He said the SPF’s decision to continue his duties followed its move to seek judicial review on 13 August.

Lord Bracadale wrote: “As the judicial review process developed, it became clear that concerns about my conduct were not abated by my decision and criticism continued.

“As a result, it is now clear to me that many of the core participants have irrevocably lost confidence in my conduct of the Inquiry.”

The former judge said all the evidence had been gathered and the next stage of the investigation would be hearing closing submissions.

A report will then be prepared by the president.

Lord Bracadale added: “I am concerned that the majority of core participants will not trust the findings of any report I prepare.

“I think this is likely to have a damaging effect on public confidence in the findings of a report I have prepared and the recommendations that come from that report.

“In my view, the best interests of the investigation will be served by the appointment of a new head, who will have available evidence, all of which is available on tape and in the transcript.”

Lord Bracadale said the aim of his meetings with the families was to “gain and maintain their commitment to the inquiry and its investigation”.

He added that the terms of reference included matters directly relevant to them, including their experience in subsequent investigations; and “the general matter of the Sheku Bayoh race”.

Lord Bracadale said the families had “lost trust” in Police Scotland, the Police Investigations and Review Commissioner, the Crown Office and the Procurator Fiscal Service.

He added: “As the Inquiry progressed it became clear at various points that they had lost confidence in the Inquiry and were likely to cease engaging with it.

“I think if I had not had the meeting with the family members they would probably have walked out of the Inquiry.”

“I deeply regret that my conduct in meeting with the families, which I viewed as a reasonable purpose for continuing their participation in the investigation, led to other core participants losing confidence in my position as Chairman.”

The former judge also noted that during the inquest, former Scottish Police chief Sir Iain Livingstone said: the force was institutionally racist.

His letter concluded: “I hope that Scottish ministers will be able to appoint a new chair early on to rebuild the trust of all core participants in the Inquiry, and that the Sheku Bayoh families will continue to be interested and involved in the Inquiry under a new chair.”

Members of the public called the police after seeing Mr Bayoh carrying a knife and displaying erratic behavior on the streets of Kirkcaldy on 3 May 2015.

He was not carrying a knife when officers arrived at the scene, but a violent confrontation ensued and up to six officers restrained the 31-year-old on the ground.

Mr Bayoh lost consciousness and later died in hospital.