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ROSEMARY NELSON INQUIRY
Opening Hearing, 19th April 2005
The Rosemary Nelson Inquiry held its opening hearing on Tuesday, 19th April, in Craigavon Civic Centre. British Irish rights watch’s Director, Jane Winter, attended the hearing. At the hearing, the Chair of the Inquiry, Sir Michael Morland, read an opening statement and introduced various members of the Inquiry team. The full text of his speech will be posted on the Inquiry’s website – www.rosemarynelsoninquiry.org.
The Chair began by noting the background to the case and the establishment of the Inquiry. He introduced himself and his two colleagues on the Inquiry panel, Sir Anthony Burden and Dame Valerie Strachan, stating that none of them had any preconceived notions, prejudices or presumptions about the case. He also read out the Inquiry’s terms of reference and mentioned that they had been amended to include the actions of the army and other state agents. He said that the Inquiry will be obliged to consider some very serious and contentious allegations, and commented that the murder would be the “focus of much emotion and debate, some of it political”. He also referred to the high degree of public interest in the case, emphasising that the Inquiry would not lose sight of the fact that the murder of Rosemary Nelson was “first and foremost, a terrible and bitter loss to her family.” He asked everyone who engaged in the Inquiry to bear this in mind. The Chair stated that the Inquiry panel had met privately with Rosemary Nelson’s family, but that what was said at that meeting would have no bearing on the public work of the Inquiry.
The Chair went on to emphasise that the Inquiry would be independent, both of the Northern Ireland Office and of all other bodies and political interests. It will make its own decisions and come to its own conclusions about the evidence that it receives. At the end of the Inquiry it will be solely responsible for the conclusions and recommendations in its report. He stressed that the NIO would be treated in exactly the same way as any other body mentioned in the terms of reference, despite the fact that the NIO was sponsoring the Inquiry and meeting its costs.
The Chair also emphasised that the Inquiry intended its hearings to be public, although there may be a need for some evidence to be given in a manner which preserves the anonymity of witnesses. Such cases will be exceptional and there will be a general presumption that information and documents provided to the Inquiry may be put in the public domain. Should someone wish that particular oral or written evidence should be private, they will have to make a case to the Inquiry in favour of privacy and the Inquiry will then decide the matter. The Inquiry intends to set out its approach to this issue in its finalised Procedures Document.
The Chair reminded those present that the Inquiry is not a trial, but rather its task is to seek out the truth. It has recruited its own administrative and legal staff to enable it to do that. The Secretary to the Inquiry is Hugh Burns, who heads the administrative team. Michael Fitzgerald, the Solicitor to the Inquiry, heads the legal team. Counsel to the Tribunal is Rory Phillips QC, who is assisted by Mark Savill and Peter Skelton.
The Chair issued a further plea for anyone with documents or other evidence of relevance to the Inquiry to make it available to it, through the Inquiry Solicitor. The Inquiry also welcomes submissions and papers from people or bodies who think that they might have something to contribute to the work of the Inquiry.
The Inquiry has been gathering documentation, and has a number of outstanding requests for documents from Government departments and other document holders. It expects to receive full co-operation, but it also has the power to compel the production of documents and will not hesitate to use that power if necessary. The Inquiry is creating an extensive computer database to manage all of the documentation that it receives, which will allow it to identify those persons from whom a witness statement is required. This database should be ready by May 2005.
The Chair stated that the Inquiry hopes to issue its finalised Procedures Document and its Funding Protocol shortly after the opening hearing. Any further views or ideas on the initial procedural statement or what is said at the opening hearing should be sent in writing before 4:00 pm on 26th April.
The Chair noted that the Inquiry would not be conducting its own murder investigation, but that the substantial amount of material gathered by the police in the course of its investigation would be highly relevant. That material will also have to be examined to determine whether the police investigation was carried out with due diligence. The Inquiry will be recruiting a small number of former police officers from outside Northern Ireland who will advise and assist it in reviewing the murder investigation files. The leader of that team will assess the quality of the investigation itself and will give a report to the Inquiry.
With regard to potential witnesses, the Chair said that the Inquiry hopes to only call those people whose evidence is of clear relevance, but that it seems likely that the witness list will contain over 100 names. A firm of solicitors will be hired to take the majority of witness statements.
In addition to Rosemary Nelson’s family and a small number of people and bodies who are designated as Full Participants in the Inquiry, there may be others who wish to be legally represented when their witness statement is taken. In some of these cases it might be appropriate to provide public funding for such legal representation. There may also be a requirement for funding for legal representation of some witnesses when they or others give evidence.
The Chair also noted that the Inquiry had been considering the issue of whether some kind of undertakings or assurances might need to be given to witnesses in relation to future criminal or disciplinary proceedings. The Inquiry believes that its capacity to get to the truth would be enhanced if such undertakings were made and it intends, provisionally, to seek the relevant undertakings from the Attorney-General and heads of department or organisation. The Inquiry would be willing to consider any representations on this matter that are submitted by 26th April.
While the Inquiry intends to work effectively, expeditiously and economically, the Nelson case is complex and the Inquiry will need to take all the time necessary to get to the truth. In order that the full hearings are conducted efficiently, proper preparation is required. The Inquiry intends to start its full hearings in spring 2006, but it is unable at this stage to give a firm date. In order to be properly prepared for the full hearings, the Inquiry has published an initial draft List of Issues (click here for the full List of Issues), and it hopes to receive comments on these by April 26th. The Chair read out the entire List of Issues, emphasising that they will be developed and changed as the Inquiry’s work progresses.
Finally, the Chair stated that the Inquiry’s website will be the main tool for communicating with the public about the progress of its work and in due course it is the intention to publish the evidence given at full hearings on the website.
The Chair did not allow any questions at the end of his presentation, but did say that anyone who has any questions can send them to the Inquiry and they will be answered.
For Peace Justice & Human Rights
