The chairperson of the Sheku Bayoh inquiry has refused a request to step down after the Scottish Police Federation (SPF) questioned his impartiality.
The organisation, which represents rank and file officers, had raised concerns about Lord Bracadale’s private meetings with the family of Mr Bayoh
The father-of-two was 31 when he died in May 2015 after being restrained by six police officers in Kirkcaldy, Fife.
The SPF claimed the meetings “torpedoed the independence of the chair” but Lord Bracadale said the family’s participation in the inquiry was vital.
The former judge has now concluded the five family meetings were “private but not secret” and not unfair to the inquiry process.
However, the issue might not be over as the SPF could challenge the decision through a judicial review in the civil courts.
Lord Bracadale’s decision comes after a hearing in June where the opinion of all the parties represented at the inquiry was aired.
A spokeswoman for the inquiry said: “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.”
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.”
BBC News
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