The chairman of the Sheku Bayoh Inquiry has stepped down from the role – two months after refusing to quit.
The Scottish Police Federation (SPF), which represents rank-and-file officers, had previously called for Lord Bracadale to recuse himself amid concerns over his impartiality.
Complaints had been made the former judge 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 surrounding the death – including how it was investigated and whether race played a factor – are being examined at the inquiry.
Two months on after refusing the application to recuse himself, Lord Bracadale has now tendered his resignation to Deputy First Minister Kate Forbes.
It comes after the SPF raised a judicial review of his decision in August.
Lorna Slater gave ’emphatic ‘ assurance to Biffa about Scotland’s bottle return scheme, court told
Brandon McLachlan: Man jailed for stabbing a father to death outside Airdrie nightclub
Rare glossy ibis birds spotted in part of Scotland for first time
In his letter to Ms Forbes, Lord Bracadale wrote: “As the judicial review process developed it became clear that the concerns about my conduct had not been allayed by my decision and that the criticisms have persisted.
“As a result, it is now clear to me that many of the core participants have lost confidence in my conduct of the inquiry to such an extent that it cannot be retrieved.”
All evidence has now been led at the inquiry. The next stage is closing submissions followed by preparation of the report by the chair.
Lord Bracadale wrote: “I am concerned that the majority of core participants would have no confidence in the findings of any report prepared by me.
“I consider that that, in turn, would be likely to have a damaging effect on public confidence in the findings of a report prepared by me and recommendations flowing from it.
“In my view the best interests of the inquiry would be served by the appointment of a new chair to whom the existing evidence, all of which is available on tape and transcript, would be available.”
Lord Bracadale said the purpose of his meetings with the families was to “obtain and retain their confidence in the inquiry and their engagement with it”.
He claimed the families had “already lost confidence” in Police Scotland, the Police Investigations and Review Commissioner (PIRC) and the Crown Office and Procurator Fiscal Service (COPFS).
Lord Bracadale wrote: “As the inquiry progressed it became apparent at various points that they were losing confidence in the inquiry and were likely to cease engaging with it.
“I consider that if I had not had meetings with members of the families, it is likely that they would have walked out of the inquiry.”
He added: “I very much regret that my conduct in relation to meeting the families for what I considered to be a reasonable purpose of maintaining their engagement with the inquiry has led to a loss of confidence by other core participants in my position as chair.”
Read more from Sky News:
Teeth-whitening salon boss jailed for series of sex attacks
Man jailed for plotting to rape and murder TV star loses appeal
Follow our channel and never miss an update
Lord Bracadale said much had been achieved in the inquiry so far.
He highlighted how former Police Scotland chief constable Sir Iain Livingstone admitted the force was “institutionally racist” and had embarked on a programme to address that.
Lord Bracadale concluded: “I very much hope that the Scottish ministers will be able to appoint a new chair in early course in order to restore the confidence of all the core participants in the inquiry and that the families of Sheku Bayoh will continue to engage with and participate in the inquiry under a new chair.
Be the first to get Breaking News
Install the Sky News app for free
The initial application for Lord Bracadale to recuse himself was made by the SPF, PC Craig Walker and former officer Nicole Short.
David Kennedy, general secretary of the SPF, said: “It is unfortunate for all those involved in the inquiry that this situation has occurred.
“The meetings between Lord Bracadale and the family of Sheku Bayoh had created an appearance of bias. We look forward to the final stages of the inquiry and bringing this matter to a conclusion.”
Solicitor Aamer Anwar, who represents the family of Mr Bayoh, said his clients were “devastated” by Lord Bracadale’s decision.
He said: “Over 10 years ago, Sheku Bayoh died in police hands and his family have fought for the truth and justice ever since.”
Mr Anwar added the family will “consider its position overnight and make a full statement” on Wednesday.
