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Procedural hearing October 2007Procedural Hearing
The Chairman made some preliminary opening remarks detailing the inquisitorial nature of the Inquiry and its independence. He stated that the Inquiry have asked over 350 people to provide witness statements but some witnesses have not co-operated, either by refusing to respond or not dealing promptly with draft statements, which has resulted in delays. The Chairman stated that “witnesses who elect not to give a statement to us may find themselves summoned to give evidence at the Full Hearings pursuant to the Inquiry’s statutory powers. He also commented that the Inquiry had been in general been satisfied with the level of assistance and co-operation received from document holders but that failure to produce documents may result in appropriate inferences being drawn.
Counsel for the Inquiry set out the way in which work to date has progressed and the volume and detail of the information that had been collated. A vast amount of data appears to have been generated by the murder investigation alone, including over 5,000 statements. Details were also provided as to how bundles are to be organised for the Inquiry hearings: Bundle 1 will cover most of the issues other than those relating to the murder investigation; Bundle 2 will contain intelligence related material and Bundle 3 will be concerned with the murder investigation.
Robert Ayling, formerly Acting Chief Constable of Kent was appointed by the Inquiry in the summer of 2005 to prepare a report to the Inquiry on the question of whether the murder investigation of Rosemary Nelson was carried out with due diligence. At the beginning of 2007, his draft report was sent to the original Murder Investigation Team, represented by the leader of that investigation, Mr Colin Port, for their review and comment. Their response to the draft report was received at the end of September beginning of October 2007. When this report has been finalised, Bundle 3 can be completed.
The Inquiry set down a provisional start date for full hearings of the 15th April 2008. No evidence on the question of due diligence in relation to the murder investigation itself will be heard until after the summer break.
As far as questioning is concerned, Counsel for the Full Participants will be required to provide suggested questions of lines of inquiry in writing to Counsel for the Inquiry 48 hours before the witness is called and, where appropriate, Counsel for the Inquiry will address the questions. If Counsel for the Inquiry does not consider the line of questioning appropriate and does not put it to the witness, it is open for Counsel seeking to have the questions put to raise the issue with the Inquiry panel.[1]
[1] This is not the procedure in the other Inquiries.
For Peace Justice & Human Rights
