A preliminary hearing was held today in the Al Sweady Public Inquiry, chaired by Sir Thayne Forbes.
The Inquiry was established by the Secretary of State for Defence following successful judicial review proceedings. During those proceedings the Government was forced into an embarrassing U-turn when it conceded that their disclosure process was flawed and further investigation into the allegations was necessary.
During today’s hearing Sir Thayne Forbes, outlined his terms of reference as:
"To investigate and report on the allegations made by the claimants in the Al Sweady judicial review proceedings against British soldiers of (1) unlawful killing at Camp Abu Naji on 14 and 15 May 2004, and (2) the ill-treatment of five Iraqi nationals detained at Camp Abu Naji and subsequently at the divisional temporary detention facility at Shaibah Logistics Base between 14 May and 23 September 2004, taking account of the investigations which have already taken place, and to make recommendations".
Sir Thayne Forbes stressed that the Inquiry was undertaking the process of identifying all of the evidence to allow a fact-finding investigation to proceed. He also stated his intention of designating the six claimants in the judicial review action as Core Participants in the Inquiry. As Core Participants in the Inquiry, the claimants in the judicial review action would be entitled to make opening representations to the Inquiry and seek permission to put questions to any witnesses called.
Sir Thayne Forbes announced that the Inquiry would probably sit in modules, but that the titles of these modules had not yet been decided.
Lead Counsel to the Inquiry, Jonathan Acton Davis Q.C, stressed that there was much work to be done before the commencement of the oral hearing. Mr Acton Davies Q.C then announced the establishment of an Inquiry Investigative team of four people, headed by former Detective Chief Inspector Steve Condon. The Investigative team will be responsible for taking witness statements from both British soldiers and Iraqi witnesses to the incident.
Mr Acton Davies Q.C stated that the disclosure process was unlikely to begin before September 2010 but that he hopes to open the oral hearings late this year.
Leigh Day & Co and Public Interest Lawyers represent the Claimants in their private and public law claims and will be working jointly at the Inquiry. Martyn Day, senior partner of Leigh Day & Co, said today as follows:
“I welcome today’s announcement regarding the establishment of an Investigative Team to help the Inquiry analyse these very serious allegations against the British Army. There has been a long and sometimes frustrating battle for a public inquiry and we are very pleased that this inquiry can now get at the truth as to what happened.”
For more information please contact Martyn Day or Anna Crowther an 020 7650 1200.
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