Hundreds of protected areas are under pressure from Scotland’s massive deer herd. Most agree deer numbers must be controlled to protect the environment, but are split on what should be done.
Edinburgh University students were “interrogated” by police at their desks over posters featuring Palestinians killed by the Israeli military, prompting dozens to complain.
Unsafe levels of faecal bacteria were recorded at dozens of Scotland’s best beaches this summer. Swimmers and paddlers could be at risk, but officials insist water quality remains high.
The Ferret has been covering the Sheku Bayoh Inquiry for over three years. Now the Bayoh family lawyer warns the legal establishment has delivered blow to the inquiry from which it may never recover.
The legal establishment has delivered “a wrecking ball” to the Sheku Bayoh Inquiry from which it may never recover, the family’s lawyer has claimed.
Solicitor Aamer Anwar was responding to news of a spate of resignations from the legal team leading the inquiry into Sheku Bayoh’s death in 2015. He had been restrained by six police officers on a street in the Fife town of Kirkcaldy when he stopped breathing and later died.
The Ferret has followed the inquiry in a series of nine award-nominated podcast episodes telling the story through the evidence heard over more than three years.
The inquiry has so far cost £26.2m, with an additional £24.3m spent by Police Scotland, including £17.3m of legal costs.
The resignations of the three senior counsel and three junior counsel members of the inquiry team follow that of the chair, Lord Bracadale on Tuesday. He had previously resisted calls to stand down, first made by the Scottish Police Federation in April.
It had accused him of “implied bias” due to “secret” meetings he had with the Bayoh family and had planned to raise a judicial review of his decision to remain in post, which was due to be heard next month. Its position was backed in June by the Solicitor General, acting on behalf of the Crown.
However Anwar insisted that he had done nothing unusual, claiming that the Scottish Covid Inquiry chair Lord Brailsford met with the families impacted and Lord Scott KC would meet with the family of Emma Caldwell, in the inquiry into the police handling of her murder in 2005.
Since the inquiry opened on 10 May 2022, members of the family – who said they felt “totally betrayed” by the criminal justice system – have sat through 122 days of often distressing evidence about the death of Mr Bayoh.
Anwar said that the resignation of the legal team further underlined the impact of the Scottish Police Federation’s actions. “It’s a complete wrecking ball for this inquiry,” he told The Ferret. “I can’t see how another judge can come in at this stage and carry on. I have no idea what happens from here.
“This inquiry was the first of its kind in Scotland, which was completely impartial and toed the line in terms of treating everyone fairly and doing its job. But the old boys club – and the establishment is an old boys club – couldn’t cope with everyone having an equal say. It wanted special treatment. Now I struggle to see how the inquiry can be resurrected.”
Back in May 2022, the first day of the inquiry was given over to representations from the families of Sheku Bayoh in order to remind everyone involved of the person at the centre of the often dryly procedural events.
The following day during submissions Police Scotland and lawyers representing officers and the Scottish Police Federation acknowledged that the families would rightly be “at the centre” of the inquiry.
These meetings were not hidden. News stories were written about them three years ago. I would stand outside the inquiry and talk about them publicly. So why was no objection raised then?
Aamer Anwar
But Anwar said: “The inquiry happened because of the family. Keeping the family onboard was critical for the chair. These meetings were not hidden. News stories were written about them three years ago. I would stand outside the inquiry and talk about them publicly. So why was no objection raised then?
“This is not a criminal trial where it would of course not be appropriate for a judge to meet with a victim. This is an inquiry and different rules and procedures apply.”
He claimed the resignations had “delivered a clear message of what happens if you step out of line,” claiming that Lord Bracadale had been given a “taste” of the discriminatory treatment faced by both the Bayoh family and himself as their lawyer for many years.
But he also warned: “Whether the family walk away from the inquiry depends on whether the new chair is impartial and robust, acting without fear or favour. As for what next, the Solicitor General has the evidence, she should now truly do her public duty and put those police officers suspected of criminality on trial.”
I fully appreciate that a further delay in concluding the inquiry will be a source of disappointment and frustration to the family,
Ruth Charteris KC
The Solicitor General for Scotland, Ruth Charteris KC, claimed that she had been “duty bound” to raise the issue of bias and “could not remain silent”. She added: “I fully appreciate that a further delay in concluding the inquiry will be a source of disappointment and frustration to the family, and I acknowledge that it will also incur further cost to the public purse."
The Scottish Police Federation has been asked for comment.
The Scottish Government will now be tasked with finding a new chair. A spokesperson said: “Ministers would like to thank Lord Bracadale and his team for their work on this important public inquiry.
“The Scottish Government is committed to establishing the facts surrounding the circumstances leading to Mr Bayoh’s death. We are urgently considering the situation going forward.”
Cover image thanks to Angela Catlin
Listen to all nine episodes of Sheku Bayoh: The Inquiry: https://theferret.scot/audio-and-podcasts/sheku-bayoh-the-inquiry/
And look out for episode ten, landing soon.
Hundreds of protected areas are under pressure from Scotland’s massive deer herd. Most agree deer numbers must be controlled to protect the environment, but are split on what should be done.
Edinburgh University students were “interrogated” by police at their desks over posters featuring Palestinians killed by the Israeli military, prompting dozens to complain.
Unsafe levels of faecal bacteria were recorded at dozens of Scotland’s best beaches this summer. Swimmers and paddlers could be at risk, but officials insist water quality remains high.
Footage of farmed trout suffocating, haemorrhaging, and being beaten with batons in a slaughterhouse has prompted an official complaint to a government regulator.
