Witnesses involved in designing Grenfell 'refuse to answer questions'January 29, 2020
Firms who helped refurbish Grenfell Tower’s cladding may refuse to answer any questions at inquiry unless they get immunity from prosecution
- Witnesses at inquiry are applying to claim ‘privilege against self incrimination’
- They want a guarantee that nothing they say will be used to prosecute them
- Sir Martin Moore-Bick said counsel for external wall subcontractor Harley Facades, main contractor Rydon and the TMO made an application on Tuesday
Witnesses involved in designing and choosing materials for the Grenfell Tower refurbishment may refuse to answer questions at the inquiry unless they are granted immunity from prosecution.
An application to claim ‘privilege against self-incrimination’ was made by counsel for firms including external wall subcontractor Harley Facades, main contractor Rydon, and the TMO (tenant management organisation), the inquiry was told.
Groans filled the hearing room as chairman Sir Martin Moore-Bick said today that he had been invited to ask Attorney General Geoffrey Cox QC for an undertaking that ‘nothing said by a witness in answers to questions in the inquiry will be used in furtherance of a prosecution against them’.
It would allow them have the ‘complete freedom to tell the truth without any concern for the future’, he said.
Sir Martin Moore-Bick said today that he had been invited to ask the Attorney General for an undertaking that ‘nothing said by a witness in answers to questions in the inquiry will be used in furtherance of a prosecution against them’
The move is not without precedent. At the inquiry into the October 1999 Ladbroke Grove rail crash, which saw 31 people killed, the Attorney General agreed not to prosecute based on evidence given at the hearing to ensure the whole truth was heard.
It comes after the inquiry heard that certain key firms which revamped the high-rise block appeared to know two years before the disaster that a planned cladding system would fail if exposed to fire, according to internal emails disclosed on Tuesday.
Scotland Yard said in September that it had completed 17 interviews under caution in its investigation into the fire regarding gross negligence manslaughter, corporate manslaughter and health and safety offences, and said ‘the number will continue to increase’.
Sir Martin said the development had caused him a ‘little surprise’ as ‘hitherto there has been the fullest co-operation with the inquiry’.
The retired appeal court judge said: ‘Very recently I’ve been advised that, when they are called to give evidence, which of course will start next week, many of the witnesses who were involved in the design and choice of materials are likely to claim privilege against self-incrimination as a reason for not answering questions.
‘Privilege against self-incrimination is a rule of law that protects a person from being required to answer questions if to do so truthfully might expose him or her to a risk of prosecution.
Witnesses involved in designing and choosing materials at the Grenfell Inquiry are applying to claim ‘privilege against self incrimination’ to protect themselves from the prospect of prosecution, the inquiry into the disaster has heard
‘It is a very broad principle and will extend to any answers which might assist in, or lead to, a prosecution.
‘This development has caused me a little surprise because hitherto there has been the fullest co-operation with the inquiry, both in the form of giving written statements and in the provision of documents, and no-one so far has sought to avoid doing that or to answer any of our questions on those grounds.
‘At all events, an application was made last night by a number of counsel for various core participants, including, among others, Harley, certain employees or ex-employees of Rydon, and the TMO, as well as some others.
‘What they’re asking me to do is to apply to the Attorney General for an undertaking that nothing said by a witness in answers to questions in the inquiry will be used in furtherance of a prosecution against them, thereby giving them complete freedom to tell the truth without any concern for the future.’
Source: Read Full Article