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BILLY WRIGHT INQUIRY
Opening Hearing, 22nd June 2005
The Billy Wright Inquiry held its opening hearing on Wednesday 22nd June, in the Europa hotel in Belfast. British Irish rights watch’s Deputy Director, Lorna Davidson, attended the hearing. At the hearing, the Chair of the Inquiry, Lord MacLean, read an opening statement and introduced various members of the Inquiry team. He then called for further requests for legal representation and asked if there were any questions from the floor.
Lord MacLean discussed the background to and purpose of the Inquiry, and noted the need for sensitivity by all parties when dealing with evidence that may “revive painful memories” for the Wright family. He then stated that the terms of reference for the Inquiry are wide and can be assumed to address the issues of collusion that caused Judge Cory to recommend a public inquiry. He noted that the Inquiry had produced a List of Issues and had already received some comments on it, and that further comments would be welcomed if submitted by 15th July.
The Chair then stated his view the “although there is no strict legal obligation on the Inquiry to do so, this Inquiry should seek to satisfy the procedural requirements implicit in Article 2 of the European Convention on Human Rights.” He said that as a consequence of this, he would ask the Secretary of State for Northern Ireland to convert the Inquiry to one held under the Inquiries Act 2005. In the panel’s view, the Prisons Act (Northern Ireland), which currently forms the legislative basis for the Inquiry, is not broad enough to allow the Inquiry to examine the conduct of authorities other than the prison authorities. The Chair also expressed the view that the Inquiries Act provides a better and clearer framework for the Inquiry’s investigations and hearings.
The Chair then said that he would hope and expect full disclosure of all relevant and material evidence from “those agencies which have access to it”. He also stated that there should be a presumption of public access to the Inquiry, but that there may need to be redaction of sensitive material. He again stated that the Inquiry would act wholly independently of the government, and that applications for public interest immunity would be resolved in public proceedings before a court.
The Chair noted that the Inquiry had established its office in Edinburgh and that its website is now up and running and will be updated regularly (www.billywrightinquiry.org). He said that an office in Belfast would be established when the Inquiry begins its full public hearings (which will be held in Belfast at a venue to be determined). He stated that the Inquiry would need to seek out documents and other evidence and information, as well as to locate and interview relevant witnesses. Evidence will be presented to the Inquiry through its Counsel. The Inquiry will assume that all written material and statements provided to it may be distributed to represented parties, referred to in hearings, and thereafter published on the Inquiry’s website. He also said that it may be necessary to hold another preliminary hearing nearer the commencement of the full public hearings. It is not anticipated that these will commence until Spring 2006.
The Chair reiterated the independence of the Inquiry and stated that it would act fairly at all times to all parties. Evidence will be given orally wherever possible and it is intended that all important witnesses will be called to give evidence in public. He stated that the conduct and procedure of the Inquiry is a matter for the Chair and while there are no formal rules, the Inquiry will follow closely the rules that would apply in civil court proceedings. This means that the standard of proof will be the balance of probabilities. Any witness who may be subject to criticism or inference of wrongdoing will be advised in advance and any represented party wish to make assertions with regard to a witness should give due notice to the Inquiry.
Finally, the Chair stated that while it is intended to hold the hearings entirely in public, it cannot be ruled out that there may arise a need to allow some evidence to be heard in private.
With regard to full representation, the Chair noted that the panel had accepted requests from the following parties to be fully represented throughout the Inquiry hearings:
1. David Wright
2. The Northern Ireland Prison Service
3. The PSNI
4. The Prison Officers Association
Three solicitors present then spoke, stating that they were seeking separate representation for:
The Chair finally took one question from the floor, and the hearing adjourned.
For Peace Justice & Human Rights
