Supreme Court judge Lord Colbeck has been appointed as the new chairman of the Sheku Bayoh Inquiry.
The announcement comes almost three months after Lord Bracadale was forced to step down from the role amid concerns over his impartiality.
Deputy First Minister Kate Forbes notified the Scottish parliament on Wednesday.
Speaking on behalf of the Bayoh family, solicitor Aamer Anwar said: “The Bayoh family welcome his appointment – Lord Colbeck has a formidable reputation, a no nonsense judge, with a distinguished career who acts without fear or favour.
“It will be no simple task for the chair to take over the reins of Lord Bracadale, but the evidence has been heard, can be seen and read – it is time to restart the stopwatch.”
Father-of-two Mr Bayoh, 31, died after he was restrained by around six police officers in Kirkcaldy, Fife, in 2015.
The Crown Office decided not to take legal action against the officers involved following an investigation, but the circumstances surrounding the death – including how it was investigated and whether race played a factor – are being examined at the inquiry.
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Lord Bracadale initially refused to step down as chair following complaints that the former judge had privately met with Mr Bayoh’s family on five occasions since the inquiry began.
The initial application for Lord Bracadale to recuse himself was made by the Scottish Police Federation (SPF), which represents rank-and-file officers, PC Craig Walker and former officer Nicole Short.
The SPF raised a judicial review of his decision, and two months later, he tendered his resignation to Ms Forbes.
Lord Bracadale said the purpose of his meetings with the family was to “obtain and retain their confidence in the inquiry and their engagement with it”.
However, he accepted: “I am concerned that the majority of core participants would have no confidence in the findings of any report prepared by me.
“I consider that that, in turn, would be likely to have a damaging effect on public confidence in the findings of a report prepared by me and recommendations flowing from it.”
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All evidence has been led at the inquiry. The next stage is closing submissions, followed by preparation of the report by new chair Lord Colbeck.
He will take up the role on 2 March.
David Kennedy, general secretary of the SPF, welcomed the appointment of Lord Colbeck.
He added: “Police officers and all those who have provided evidence to the inquiry over the past five years look forward to a fair and transparent outcome.
“We stand ready to assist the chair in any way as the inquiry reaches its conclusion.”
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Lord Colbeck was appointed as a judge of the Supreme Courts in May 2023, having previously served as sheriff principal of Glasgow and Strathkelvin from September 2016 and as vice president of the Sheriff Appeal Court from May 2022.
He was chairman of the fatal accident inquiry into the 2013 Clutha helicopter crash in Glasgow.
Ms Forbes said: “I welcome Lord Colbeck to the role. The appointment of a new chair has been taken forward as a priority to enable the public inquiry to complete its work.
“I am pleased that someone of Lord Colbeck’s experience and in-depth knowledge of the Scottish justice system will take forward this work, and I look forward to the public inquiry coming to its conclusion as quickly as practicable.”
