The chairman of the Sheku Bayoh Inquiry has decided not to recuse himself after ruling there was no possibility that he was biased.
A procedural hearing ordered by Lord Bracadale was held in June after he revealed he has met with Mr Bayoh’s family on five occasions since the inquiry began.
Mr Bayoh, 31, a father-of-two, died after he was restrained by around six police officers who were called to Hayfield Road in Kirkcaldy, Fife, on May 3 2015.
After considering the matter, Lord Bracadale has refused the application for his recusal.
In a decision published on Wednesday, he said: “Having reviewed the facts, the fair-minded and informed observer would conclude that there was no real possibility that I was biased.”
The application for recusal of the chairman and assessors was lodged on behalf of the Scottish Police Federation, Pc Craig Walker and Nicole Short.
A spokeswoman for the inquiry said: “The inquiry held a procedure and conduct hearing on June 12.
“After careful consideration of written and oral submissions from core participants, Lord Bracadale has decided not to recuse himself or terminate the appointments of the assessors.
“Having regard to the relevant legal test, he has determined there is no apparent bias.
“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.”
The inquiry has been examining the circumstances of Mr Bayoh’s death, and whether race was a factor.
Scotland’s Deputy First Minister Kate Forbes said: “I note the detailed and extensive consideration that has informed Lord Bracadale’s decision and hope all parties involved can progress the important work of the inquiry as soon as possible.
“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.”
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