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Grenfell inquiry thrown into confusion over legal move by witnesses Grenfell witnesses' legal move throws inquiry into confusion
(about 1 hour later)
Privilege would protect witness from being questioned if they risk prosecution, says chair People involved in cladding likely to claim privilege to allow them not to answer questions
The Grenfell Tower public inquiry has been thrown into confusion after witnesses involved in the design and choice of materials used in the combustible facade said they were likely to claim privilege against self-incrimination as a reason for not answering questions.The Grenfell Tower public inquiry has been thrown into confusion after witnesses involved in the design and choice of materials used in the combustible facade said they were likely to claim privilege against self-incrimination as a reason for not answering questions.
There were groans from the bereaved and survivors when the inquiry chairman, Sir Martin Moore-Bick, announced that Harley Facades, which erected the cladding, some employees and ex-employees of Rydon, the main contractor, and witnesses for the Kensington and Chelsea Tenants Management Organisation (KCTMO) were likely to claim the long-established right when cross-examination was due to start next week with testimony from the architects Studio E. There were groans from the bereaved and survivors when the inquiry chairman, Sir Martin Moore-Bick, announced that Harley Facades, which erected the cladding, some employees and former employees of Rydon, the main contractor, and witnesses for the Kensington and Chelsea Tenants Management Organisation (KCTMO) were likely to claim the long-established right when cross-examination was due to start next week with testimony from the architects Studio E.
The move led to hearings being paused and the inquiry room cleared so the bereaved and survivors and their legal representatives could consider their response.The move led to hearings being paused and the inquiry room cleared so the bereaved and survivors and their legal representatives could consider their response.
The Grenfell Tower fire on 14 June 2017 killed 72 people and the public inquiry was set up in its immediate aftermath to get to the truth of what happened and why.The Grenfell Tower fire on 14 June 2017 killed 72 people and the public inquiry was set up in its immediate aftermath to get to the truth of what happened and why.
Moore-Bick said the privilege being requested “protects a person from being required to answer questions if to do so truthfully might expose him or her to a risk of prosecution”.Moore-Bick said the privilege being requested “protects a person from being required to answer questions if to do so truthfully might expose him or her to a risk of prosecution”.
The Metropolitan police are conducting a parallel investigation into possible corporate manslaughter and manslaughter charges and a number of witnesses have already been interviewed under caution by detectives.The Metropolitan police are conducting a parallel investigation into possible corporate manslaughter and manslaughter charges and a number of witnesses have already been interviewed under caution by detectives.
Moore-Bick said counsel for the witnesses asked him on Tuesday night to request that the attorney general, Geoffrey Cox, grants “an undertaking that nothing said by a witness … 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”.Moore-Bick said counsel for the witnesses asked him on Tuesday night to request that the attorney general, Geoffrey Cox, grants “an undertaking that nothing said by a witness … 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”.
The retired appeal court judge said: “This development has caused me a little surprise because hitherto there has been the fullest cooperation.” No one during the Grenfell inquiry, which started in 2018, has yet claimed the privilege, he said. The retired appeal court judge said: “This development has caused me a little surprise because hitherto there has been the fullest cooperation.” No one during the Grenfell inquiry, which started in 2018, had yet claimed the privilege, he said.
The second phase of the Grenfell Tower public inquiry was due to start its third day of evidence when Moore-Bick announced the application had been made. It is examining the events and decisions that led to the fire, in particular the refurbishment. It has already heard explosive evidence that architects, contractors and the client knew about the combustibility of cladding panels. The second phase of the Grenfell Tower public inquiry was due to start its third day of evidence when Moore-Bick announced the application had been made. The inquiry is examining the events and decisions that led to the fire, in particular the refurbishment. It has already heard explosive evidence that architects, contractors and the client knew about the combustibility of cladding panels.
“Metal cladding always burns and falls off,” an architect emailed a fire engineer in spring 2015. An employee of the facade installer told a colleague: “As we all know, the ACM [the combustible cladding panels] will be gone rather quickly in a fire!”“Metal cladding always burns and falls off,” an architect emailed a fire engineer in spring 2015. An employee of the facade installer told a colleague: “As we all know, the ACM [the combustible cladding panels] will be gone rather quickly in a fire!”
It has heard how Harley Facades said it could save £454,000 by using ACM. KCTMO gave final approval for the cladding in October 2014.It has heard how Harley Facades said it could save £454,000 by using ACM. KCTMO gave final approval for the cladding in October 2014.
Lawyers representing the architects Studio E, Osborne Berry (a subcontractor on the facade), as well as Zak Maynard, Gary Martin, Daniel Osgood and Katie Bachellier, employees of Rydon, also signed the letter to Moore-Bick requesting the legal protection.
Their letter said: “The nature of the police investigation is very broad in scope and is concerned with numerous potential offences, ranging from regulatory breaches to the most serious of criminal offences, all of which carry potential custodial sentences.
“We collectively write to request that you seek an undertaking from the attorney general preventing the use of evidence given by witnesses to the public inquiry against them in any future criminal proceedings.”
It said the “scope of self-incrimination is broad and extends not only to refusing to answer questions or give information that may directly incriminate the witness but also to answer or provide information which ‘might lead to a line of inquiry which would or might form a significant step in the chain of evidence required for a prosecution’. Without an undertaking ‘witnesses will legitimately and reasonably be entitled to refuse to answer questions.’”
It added that such undertakings from the attorney general had been made in the Stephen Lawrence inquiry, the Bloody Sunday inquiry, the Ladbroke Grove inquiry, the Baha Mousa inquiry, the al-Sweady inquiry, the Azelle Rodney inquiry, and the undercover policing inquiry.