The chairman of the Sheku Bayoh Inquiry has refused a request to step down following concerns over his impartiality.
A procedural hearing ordered by Lord Bracadale was held in June amid complaints he had privately met with Mr Bayoh’s family on five occasions since the inquiry began.
Father-of-two Mr Bayoh, 31, died after he was restrained by around six police officers in Kirkcaldy, Fife, in 2015.
The Crown Office decided not to take legal action against the officers involved following an investigation, but the circumstances – including whether race was a factor – are being examined at the inquiry.
The application for Lord Bracadale to recuse himself was made by the Scottish Police Federation (SPF), PC Craig Walker and former officer Nicole Short.
After “careful consideration” of the matter, the former judge has refused the application for his recusal and to terminate the appointments of the assessors, Raju Bhatt and Michael Fuller.
A spokesperson for the inquiry said: “Having regard to the relevant legal test, he has determined there is no apparent bias.
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“Taking into account various considerations in respect of the handling of the inquiry, he has determined having meetings with the families was not unfair.
“There is much important work for the inquiry still to do, not least proceeding with closing submissions and moving towards the writing of the final report.
“The team is working at pace and will announce next steps in due course.”
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The SPF – which represents rank-and-file officers – said it is disappointed with the decision.
A spokesperson said: “Any fair-minded observer would be concerned when it is revealed that there have been five meetings with a core participant family, without the knowledge of the other core participants.
“The inquiry’s legal team asserted that no evidence was discussed at these meetings, it subsequently transpired that was not the case.
“Lord Bracadale has never asked for a meeting with former PC Nicole Short, who was assaulted in May 2015 in the line of duty and who has been unable to return to work as a result of her injuries.
“Police officers will continue to call for a fair and transparent hearing, based on the evidence alone.”
In a statement issued on behalf of the Bayoh family, lawyer Aamer Anwar said Lord Bracadale had “done nothing wrong”.
Mr Anwar added: “He is a judge with over 50 years’ legal experience, respected for his impartiality and integrity.
“It comes as no surprise that both the police federation and solicitor general failed to grasp that this inquiry’s duty under the Human Rights Act is to conduct a thorough investigation into the death of Sheku Bayoh, having at the inquiry’s heart the Bayoh family.
“There is nothing wrong with the chair treating a bereaved family with compassion and respect.”
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Deputy First Minister Kate Forbes noted Lord Bracadale’s decision and hopes all parties involved “can progress the important work of the inquiry as soon as possible”.
She added: “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.”
