Sheku Bayoh inquiry: Senior counsel linked to Post Office case appointed as Lord Bracadale comes under fire

The inquiry scrutinising the death of the 31-year-old, who died in May 2015 after being restrained on the ground by six police officers in Kirkcaldy, Fife, has appointed Jason Beer KC, who joins senior counsel, Angela Grahame KC, and senior counsel, Laura Thomson KC.

Mr Beer, the head of 5 Essex Chambers, specialises in public inquiries, inquests, public law and police law. He has served a key role in several high-profile cases, including the Post Office Horizon inquiry, the Thirwall inquiry, and those into the Grenfell disaster and the death of Dawn Sturgess.

The next hearing dates

A spokesman for the inquiry said: “The Inquiry is delighted to welcome Jason Beer KC to the team. Mr Beer has a wealth of valuable experience across public inquiries and we look forward to working with him in the weeks to come.”

It comes as the inquiry announced its next hearing dates will take place on June 12 and 13. The hearing will focus on the fairness of the conduct and procedure adopted by the inquiry’s chair, Lord Bracadale, in meeting the families of Mr Bayoh.

The Scottish Police Federation (SPF) has questioned the former High Court judge’s impartiality, and last month intimated a petition for a judicial review of the inquiry after announcing it had “lost confidence” in the proceedings.

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It is understood that Lord Bracadale, who has helmed the inquiry since 2020, will consider whether he should step down from the role in the aftermath of the hearing. Should he do so, it would result in significant delays to the inquiry’s work.

The Sheku Bayoh inquiry’s costs

Since the statutory inquiry began in November 2020, it has cost more than £23.7 million. The inquiry has completed the process of gathering evidence and was due to hear closing submissions.

After the concerns surrounding Lord Bracadale were first raised, Sadif Ashraf, the solicitor to the inquiry, wrote to all parties in March, pointing out the engagement of families was “crucial to the effectiveness” of the inquiry. She stressed that if the inquiry failed to obtain and retain the confidence of the families, its effectiveness would be prejudiced.

Lord Bracadale’s conduct

Ms Ashraf said since the start of the inquiry's work, Lord Bracadale had publicly expressed his intention to keep the families “at the heart” of the inquiry, and considered it “reasonable and appropriate" to meet members of the Bayoh families "from time to time" to reassure them, maintain their confidence in its work, and encourage them to participate fully in it.

The first meeting took place in November 2021, followed by further meetings in April and November 2022, and January and December last year. Ms Ashraf's letter noted the purpose of the meetings was "to address issues relating to the welfare of family members as the inquiry progressed”, and the impact on them of the inquiry.

But David Kennedy, general secretary of the SPF, said last month: “These unusual developments have left many core participants feeling that the process no longer appears transparent and open, with all core participants having been treated equally.”