Lord Bracadale to lead Sheku Bayoh inquiry

Retired judge Lord Bracadale is to lead the independent public inquiry into the circumstances surrounding the death in police custody of Sheku Bayoh.

Mr Bayoh died in 2015 while being restrained by police in Kirkcaldy. His family has alleged that he was subjected to a racially motivated assault, but after an investigation the Crown Office decided that no prosecutions would be brought.

His death would normally be the subject of a fatal accident inquiry, but the Lord Advocate considered that its remit would not allow all the issues which required to be investigated to be addressed, and Justice Secretary Humza Yousaf announced in November that a public inquiry would be held. He said the Lord Advocate had identified questions "raising issues of public interest and importance, about the early stages of the post-incident management of the investigation that an FAI simply could not examine".

The statutory public inquiry will examine the circumstances leading up to Mr Bayoh’s death and the events that followed.

The Justice Secretary intends to meet Lord Bracadale, the Bayoh family and others over the coming weeks to discuss the terms of reference, before reporting to Parliament in due course. 

Lord Bracadale, who served as a Court of Session and High Court judge from 2003 to 2017, has previously carried out a review of Scotland's hate crime legislation, reporting in 2018.

Mr Humza Yousaf said: "I am delighted that Lord Bracadale has agreed to chair this public inquiry. Lord Bracadale brings a wealth of knowledge and experience to this important task of providing a clear understanding of the circumstances surrounding Mr Bayoh’s death.

"The public inquiry and its recommendations will identify lessons and improvements for the future to help prevent deaths in similar circumstances and build trust and confidence in policing."

Lord Bracadale responded: "I am grateful to the Cabinet Secretary for Justice for appointing me. I know that Mr Bayoh’s family and other interested parties, as well as the general public, will expect a careful and thorough examination of the facts. I very much hope that my inquiry will provide an open and transparent means of exploring the issues."