Sheku Bayoh inquiry lawyers told off for using mobile phones

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Gordon Jackson KCImage source, PA Media
Image caption,

Gordon Jackson KC has denied watching football on his phone during the inquiry

Lawyers at the Sheku Bayoh inquiry have been reprimanded for using their mobile phones and pulling faces during evidence.

Lord Bracadale, who is leading the probe, also rebuked KCs for having "lengthy" conversations.

Mr Bayoh's sister had earlier accused a lawyer representing police officers of watching football at the hearing.

Lord Bracadale condemned "inappropriate and disrespectful" behaviour from legal officials.

The inquiry in Edinburgh is looking into the circumstances of Mr Bayoh's death after he was restrained by police in May 2015.

His sister Kadi Johnson accused Gordon Jackson KC of watching football on his phone during Wednesday's proceedings.

She said the alleged behaviour had "smacked of contempt" for the inquiry and left the family angry and dismayed.

Mr Jackson denied the allegation and declined to comment further when approached by BBC Scotland.

When evidence finished on Wednesday, Claire Mitchell KC raised the incident with the inquiry chairman, saying it sounded like "football". She did not say who was responsible for the interruption.

On Thursday, Lord Bracadale opened the session by addressing the behaviour of KCs.

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Lord Bracadale condemned the behaviour of lawyers

He said he was made aware that "a legal representative appeared to use a mobile phone for a purpose clearly unrelated to the proceedings".

The former judge continued: "While that was a particularly egregious example, it was not the first occasion in which the sound of mobile phones has disturbed proceedings.

"I have no difficulty with mobile phones being used silently to make communications for matters relating to the inquiry, but inappropriate use within the hearing room is both distracting and disrespectful."

He also raised concerns about lawyers "engaging in lengthy conversations" while evidence was being heard.

"This can be distracting to others in the hearing room and to those watching on YouTube," Lord Bracadale said.

He added: "I have received representations to the effect that certain legal representatives have, on occasion, reacted to some of the evidence by adopting inappropriate facial expressions.

"If that has been happening, it would on any view be very disrespectful, and wholly unacceptable.

"May I remind legal representatives that these proceedings are being broadcast and watched around the world. It is therefore as surprising as it is disappointing to have to address members of the Scottish legal profession in these terms.

"I very much hope that I will not have to do so again."

Salmond trial controversy

Mr Jackson, who acted for Alex Salmond during his sex assault trial, was found guilty of professional misconduct in April for discussing the case on a train.

He was caught on video making comments about the former first minister and two of his accusers.

A disciplinary panel decided the KC's conversation - which was leaked to a newspaper - breached a court order protecting the accusers' identities.

Mr Jackson apologised at the time, saying he "deeply regrets the distress and difficulties" caused by the footage.

He referred himself to the Scottish Legal Complaints Commission and in April 2020 announced he would quit as Dean of the Faculty of Advocates.

Mr Salmond was cleared of all 13 charges of sexual assault.