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Volume X | the Report of the Bloody Sunday Inquiry HC 29 Report of the Return to an Address of the Honourable the House of Commons dated 15 June 2010 for the Report of the Bloody Sunday Inquiry The Rt Hon The Lord Saville of Newdigate (Chairman) Bloody Sunday Inquiry – Volume X Bloody Sunday Inquiry – Volume The Hon William Hoyt OC The Hon John Toohey AC Volume X Appendix 1: Matters Relating to the Inquiry Appendix 2: Opening Statement, Principal Rulings of the Tribunal and the Published by TSO (The Stationery Office) and available from: Decisions of Various Courts Online www.tsoshop.co.uk Bibliography Mail, Telephone, Fax & E-mail TSO PO Box 29, Norwich NR3 1GN Telephone orders/General enquiries: 0870 600 5522 Order through the Parliamentary Hotline Lo-Call: 0845 7 023474 Fax orders: 0870 600 5533 E-mail: [email protected] Textphone: 0870 240 3701 The Parliamentary Bookshop 12 Bridge Street, Parliament Square, London SW1A 2JX Telephone orders/General enquiries: 020 7219 3890 Fax orders: 020 7219 3866 Email: [email protected] Internet: www.bookshop.parliament.uk TSO@Blackwell and other Accredited Agents Customers can also order publications from £572.00 TSO Ireland 10 volumes 16 Arthur Street, Belfast BT1 4GD not sold Telephone: 028 9023 8451 Fax: 028 9023 5401 HC29-X separately Return to an Address of the Honourable the House of Commons dated 15 June 2010 for the Report of the Bloody Sunday Inquiry The Rt Hon The Lord Saville of Newdigate (Chairman) The Hon William Hoyt OC The Hon John Toohey AC Ordered by the House of Commons to be printed on 15 June 2010 Volume X Appendix 1: Matters Relating to the Inquiry Appendix 2: Opening Statement, Principal Rulings of the Tribunal and the Decisions of Various Courts Bibliography HC29-X London: The Stationery Office £572.00 10 volumes not sold separately Original content of the report © Controller of HMSO 2010 The original content may be reproduced free of charge in any format or medium provided that it is used accurately and not in a misleading context, and provided that the title of the source publication is given and the copyright acknowledged. Third parties may hold copyright in quotations and images which have been reproduced in the report under section 46 of the Copyright, Designs and Patents Act 1988 and it should not be assumed that any permission has been given for the further reproduction of such material. Lord Saville of Newdigate, William L Hoyt and John L Toohey have asserted, in accordance with section 78 of the Copyright, Designs and Patents Act 1988, their right to be identified as the authors of this work. ISBN: 9780102964608 Printed in the UK for The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID 2354501 06/10 Printed on paper containing 75% recycled fibre content minimum Report of the Bloody Sunday Inquiry The Rt Hon The Lord Saville of Newdigate (Chairman) The Hon William Hoyt OC The Hon John Toohey AC VOLUME X Page Appendix 1: Matters Relating to the Inquiry 1 Appendix 2: Opening Statement, Principal Rulings of the Tribunal and the Decisions of Various Courts 37 Bibliography 539 1 Appendix 1: Matters Relating to the Inquiry Contents Page � A1.1 The conduct of the Inquiry 3 � A1.2 Representation before the Inquiry 27 � 3 A1.1: The conduct of the Inquiry Contents Paragraph The background to the Inquiry A1.1.1 The Tribunal A1.1.5 Counsel to the Inquiry A1.1.6 Solicitors and Secretaries to the Inquiry A1.1.7 The interested parties A1.1.9 Representation of witnesses A1.1.15 The Attorney General’s undertaking A1.1.16 The Inquiry’s hearings A1.1.17 Counsel’s reports A1.1.24 Anonymity and screening A1.1.28 Venue A1.1.32 Evidence gathered by the Inquiry A1.1.38 Witnesses A1.1.40 Statement-taking A1.1.48 Oral and written evidence A1.1.51 Expert evidence A1.1.53 Private 027 A1.1.56 Operation Apollo A1.1.63 Claims by journalists for the protection of their sources A1.1.68 The Witness Liaison Team A1.1.73 Accommodation for journalists A1.1.75 Additional viewing rooms A1.1.76 Closing submissions A1.1.80 Technology A1.1.84 4 THE BLOODY SUNDAY INQUIRY VOLUME X Cost and length of the Inquiry A1.1.95 The cost of legal representation A1.1.95 Other factors relating to the cost and length of the Inquiry A1.1.97 Archiving � A1.1.98 Acknowledgements � A1.1.99 The background to the Inquiry A1.1.1 On 31st January 1972 the then Home Secretary announced that a public inquiry would be held into the events of the preceding day, which has become known as “Bloody Sunday”. Lord Widgery, the Lord Chief Justice of England, conducted the inquiry and his report was published on 19th April 1972.1 Many people, including those whose relatives had died and those who were wounded on that day, rejected his conclusions. Over the years, some of these people campaigned, with others, for a new public inquiry. New material relating to the events of Bloody Sunday came to light. This material included eyewitness accounts (made available to Lord Widgery but not, during the course of his inquiry, made public) and the results of media investigations, including a newspaper report and a Channel 4 television interview, which featured a new and disturbing account from a former member of 1 PARA about the actions of the Army. That soldier became known to this Inquiry as Private 027, which was the cipher allocated to him by the Widgery Inquiry. New interpretations of ballistics evidence and new medical evidence also became available. 1 Widgery Report, Report of the Tribunal appointed to inquire into the events on Sunday, 30 January 1972, which led to loss of life in connection with the procession in Londonderry on that day, HL101, HC220, London: HMSO, 1972. A1.1.2 � In 1997 Professor Dermot Walsh wrote a report entitled “The Bloody Sunday Tribunal of Inquiry. A Resounding Defeat for Truth, Justice and the Rule of Law”, in which he analysed the statements made by soldiers to the Royal Military Police (RMP) and to the Treasury Solicitor following the events of Bloody Sunday. These statements were not made available to counsel for the next of kin at the Widgery Inquiry but were released for public inspection in the summer of 1996. Professor Walsh concluded that the statements contained substantial and material inconsistencies, discrepancies and alterations. A1.1.3 � In 1997 the Irish Government called for a new public inquiry and, in support of that call, submitted a dossier to the United Kingdom Government. The dossier included an analysis of the new material and a consideration both of Professor Walsh’s report and of the A1.1: The conduct of the Inquiry 5 critique by Professor Samuel Dash of Lord Widgery’s findings, published in June 1972 by The Defence and Education Fund of the International League for the Rights of Man, in association with the National Council for Civil Liberties. The Irish Government argued that Lord Widgery’s findings could not be supported. A1.1.4 � The United Kingdom Government considered that the weight of material available at this point was such as to require a re-examination of events. Accordingly, the Prime Minister, The Rt Hon Tony Blair MP, announced on 29th January 1998 the setting up of an inquiry under the Tribunals of Inquiry (Evidence) Act 1921. This Act was repealed and replaced by the Inquiries Act 2005, but by virtue of section 44(5) of that Act the repeal did not affect powers conferred or duties imposed on the Tribunal under earlier legislation. The Tribunal A1.1.5 � There were three members of the Tribunal. It was chaired by The Rt Hon the Lord Saville of Newdigate. The Hon William Hoyt OC (formerly Chief Justice of New Brunswick, Canada) and The Rt Hon Sir Edward Somers (a former member of the Court of Appeal of New Zealand) were appointed as members of the Tribunal in February 1998. Sir Edward Somers resigned in June 2000 for health reasons and later died. He was replaced in September 2000 by The Hon John Toohey AC (a former Justice of the High Court of Australia). The Hon William Esson, then a serving member of the Court of Appeal of British Columbia, Canada, was appointed a reserve member of the Tribunal. He resigned from the Inquiry on health grounds in August 2001. Counsel to the Inquiry A1.1.6 � The Tribunal approved Lord Saville’s appointment of Christopher Clarke QC (now The Hon Mr Justice Christopher Clarke) as Counsel to the Inquiry. Alan Roxburgh and, later, Jacob Grierson were appointed as Junior Counsel. On Jacob Grierson’s resignation in June 2000, Cathryn McGahey and Bilal Rawat joined the Inquiry as Junior Counsel. Solicitors and Secretaries to the Inquiry A1.1.7 � Philip Ridd, then a senior legal adviser to the Inland Revenue, was appointed as the first Solicitor to the Inquiry. He was succeeded by John Tate who appointed Gordon Dickinson as his deputy. Gordon Dickinson subsequently became Solicitor to the Inquiry. 6 THE BLOODY SUNDAY INQUIRY VOLUME X A1.1.8 � Ann Stephenson, a senior administrator from the Department of Health, was the first Secretary to the Inquiry. She was succeeded by Adrian Shaw, then by Christine Pulford and, finally, by Elizabeth Johnson. The interested parties A1.1.9 � The Tribunal granted interested party status to most of those wounded on Bloody Sunday, to the families of the deceased and to soldiers who were present on the day or had relevant evidence to give about it.
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