If our understanding is correct, Lord Bracadale is a retired Court of Session judge. Some years ago, he was appointed by the Scottish Government to inquire into the circumstances of the death of a young man while being restrained by Police in the Kirkcaldy area of Fife.
That the man was openly carrying a large knife is not in dispute. Neither is the fact that he was high on narcotics, doped up to the eyeballs in colloquial terms. A most thorough investigation by Police and Crown Office failed to find any evidence of criminal conduct by Police Officers who attended the scene. Quite why there is now a Judicial Inquiry is way beyond our understanding.
Anyway, to date, the Inquiry has taken up a staggering 122 days of evidence before Lord Bracadale. There was a major hiccup last year when the Scottish Police Federation discovered that Bracadale had had FIVE private meetings with the deceased man's family. The Federation took legal issue therewith and asked Bracadale to withdraw (or 'recuse' himself in legal terms). A perfectly reasonable and proper request one might think.
Bracadale refused. Astonishingly, he told the Inquiry that 'having reviewed the facts, the fair-minded and informed observer would conclude that there was no possibility that I was biased'. Quite, man, quite!!!!! And what was that about the supposed impartiality of the Judiciary?
After a lot of very unhappy noises from all over, and with the Scottish Police Federation threatening Judicial Review, Bracadale at long last relented and withdrew from the Inquiry. A new judge has now been appointed to continue with the Inquiry but why did it take Bracadale so long to accept the inevitable that, simply, he was adrift all on his own and without a legal leg to stand on?
To date, the Inquiry has cost the public purse the extraordinary sum of £55million and rising fast. Of that figure, the sum paid to Bracadale has been £711,680 or, to be more specific, £5833.44 per day!!!!!
But does the Scottish Government now have the guts to try and recover this figure from Bracadale over this dreadfully botched Inquiry and entirely of Bracadale's own making? And the wider public question is whether judges should be allowed to bugger things up on such a large and unprecedented scale without consequence and retain their large and publicly-paid pensions intact?
It would be an interesting fight.
(It has long been a standing joke in these islands of ours that Free Presbyterians - of whom Bracadale is one - love money much more than they do God!)