Bayoh inquiry: Lord Bracadale warns lawyers over use of phones

Gordon Jackson KC

Kadie Johnson, a sister of Mr Bayoh, who died in police custody in 2015, claimed that Gordon Jackson KC was watching football on his phone.

Mr Jackson, who is representing three of the officers at the hearing, strenuously denied that he had been using his phone.

Two final Group D matches were taking place while Joanne Caffrey, an expert witness on the use of force and police custody, delivered evidence.

Mr Jackson, 74, was recently given a five-month suspension for naming the accusers of Alex Salmond on a train in 2020. He has, however, been given permission to appeal.

Lord Bracadale, chair of the inquiry, said the sound of football was a “particularly egregious example” of phone disturbances in the courtroom.

He had also received representations about lengthy conversations and inappropriate facial expressions made by lawyers while evidence was being given.

Claire Mitchell KC, for the Bayoh family, told Lord Bracadale that he “will have heard during the course of the hearing this afternoon there was some noise from the back of the inquiry room, which appeared to be coming from a telephone.

“Now, that sounded not like a telephone might go off like a ringing tone, or perhaps a pinging because they have forgotten to put off the tone or something, but it sounded actually as if something was being listened to or a noise sounded like — the chair can make their own inquiries, but it sounded like football.”

Ms Johnson said: “We are in a public inquiry to hear evidence of how and hopefully why my brother Sheku died. Yesterday afternoon Gordon Jackson KC, a lawyer for three of the officers, PCs Smith, Good and Tomlinson, had the audacity to sit and watch football during the evidence of an expert witness Joanne Caffrey.

“We were left so angry and found this behaviour not only to be disrespectful to us as a family, our lawyers, the chair and assessors but smacked of contempt for this inquiry. Never mind having respect for us as a family, but what about the police officers he represents?

“This is not the first time, but one of many occasions, that we have been dismayed at the manner in which some of the police lawyers have acted during the hearing. We have a direct eyeline and see what they do but yesterday was the final straw for us to find that a lawyer being paid thousands of pounds from public money to do his job was busy watching the World Cup.”

Asked to respond to Ms Johnson’s statement, The Herald reports Mr Jackson as having texted: “I did not watch football.” Asked to clarify, he added: “I wasn’t watching anything.”

A spokesman for the Faculty of Advocates said: “The dean of faculty is himself involved in the inquiry. In light of the chair’s remarks, he has spoken to the other members of faculty who are appearing and reminded them that the highest levels of professional conduct must be observed at all times.”