Allegations of Bias Levied against Sheku Bayoh Inquiry Chair due to Claimed Confidential meetings with Family

The Sheku Bayoh Inquiry Mess: Bias Allegations, Secret Meetings, and Legal Unrest

In a surprising twist, the chairman of the Sheku Bayoh Inquiry, after hearing from the deceased's grieved relatives, acknowledged he was "humbled and honored" by their experiences, causing a stir, igniting calls for his resignation over claims of bias.

Sheku Bayoh, a 31-year-old father of two, met his untimely demise in Kirkcaldy, Fife, in 2015, following a violent altercation with around six police officers. The Crown Office declined to press charges against the involved officers following an investigation, but the circumstances surrounding the incident are under examination at the inquiry.

A two-day hearing, set to commence on Thursday, has been mandated by chairman Lord Bracadale to deliberate on his potential recusal, following his confession of five private meetings with Mr Bayoh's family since the inquiry's initiation.

The application for recusal was submittered by the Scottish Police Federation, PC Craig Walker and former officer Nicole Short, represented by Roddy Dunlop KC, Dean of the Faculty of Advocates. Recusal refers to the legal process where an adjudicator steps aside from a case due to potential bias, conflict of interest, or lack of impartiality.

During a hearing, Mr Dunlop detailed that Lord Bracadale expressed feelings of being "humbled and honored," and that the chairman identified two comments, including those made by the family's solicitor, Aamer Anwar, as "inappropriate." A relative is reported to have declared that the arrest was undue, and another meeting saw allegations that the family is the victims, which were contested by Mr Dunlop, citing a serious factual dispute at the core of the inquiry.

These meetings took place on November 4, 2021; April 13, 2022; November 21, 2022; January 18, 2024; and December 5, 2024.

Mr Dunlop commented, "There is an acute dispute over who the villain is in this piece."He added that the family had depicted Mr Bayoh as "Scotland's homegrown George Floyd," but emphasized, "This was a man who was intoxicated and armed with a knife."

Representing three officers implicated in the inquiry, Dan Byrne KC revealed that the officers said, "The chair has no idea who we are, we are just white officers."He continued, "The treatment they say is a parallel to George Floyd, by convicted murderer Derek Chauvin. That's clear from the campaign. The purpose of influence is the prosecution of the officers. The advocacy is explicit and implicit."

What's Popping in Scotland Now

Gonorrhoea Vaccination Programme Set to Launch After Rise in Diagnoses
Peter Krykant: 'Beautiful, Kind, and Courageous' Drug Policy Campaigner Found Dead
Chancellor Rachel Reeves Pledges 'Largest Settlement Since Devolution' for Scotland

Topics of Interest

Scotland

In contrast, the Crown Office and Solicitor General Ruth Charteris KC are not supportive of the calls for recusal, and Mark Moir KC, representing the Coalition for Racial Equality and Rights, has rejected the demands for Lord Bracadale's resignation, affirming that meetings with families involved in inquiries are generally common practice.

Acting for the family, Claire Mitchell KC underscored that chairs of other inquiries, including the Victoria Climbie Inquiry, the Grenfell Tower Inquiry, the Stephen Lawrence Inquiry, and both COVID-19 inquiries, have also met with families involved.

Lord Bracadale has promised to "take time" to mull over the submissions, vowing to "return in due course."

Proceed with Caution

While empathy and understanding are integral aspects of any investigation, they must be weighed against the importance of impartiality and transparency. Secret meetings and displays of sentiments can raise questions about a chair's impartiality and potentially compromise the trust placed in an inquiry's proceedings. To avoid jeopardizing the integrity of future investigations and maintaining public trust, it is crucial to establish guidelines for interaction with parties involved, ensuring transparency and fairness for all parties.

[1] Hawkins, J. (2021). "Is It Ever Appropriate for Judges to Meet with Parties Outside Court?" [Online]. Available: https://ukconstitutionallaw.org/2021/04/05/judges-meeting-with-parties/

[2] Secretariat, H. (2022). "Royal Commission on the Historical Wrongful Imposition of Devolution on Scotland" [Online]. Available: https://www.gov.scot/publications/royal-commission-historical-wrongful-imposition-devolution-scotland-report-july-2022/pages/19/

The ongoing Sheku Bayoh Inquiry, faced with allegations of bias and concerns over secret meetings, raises questions about the balance between empathy and impartiality, especially when it comes to the politics of conflict and war, as seen in the controversy surrounding the parallel drawn between the treatment of police officers involved and George Floyd's case.
As the call for transparency and fairness echoes, policymakers, advocates, and the public ponder over the implications of private meetings between inquiry chairs and families involved in investigations, drawing comparisons with similar instances in high-profile cases such as the Victoria Climbie Inquiry, the Grenfell Tower Inquiry, and the Stephen Lawrence Inquiry, and thus impacting the general-news landscape.