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Litvinenko: verdict on public inquiry due Alexander Litvinenko death: verdict on public inquiry due
(35 minutes later)
The widow of the murdered KGB spy Alexander Litvinenko will find out on TuesdayThe widow of the murdered KGB spy Alexander Litvinenko will find out on Tuesday
the result of the latest round of her legal battle for a public inquiry the result of the latest round of her legal battle for a public inquiry
into her husband’s death. into her husband’s death.
Marina Litvinenko’s high court challenge is over the UK government’sMarina Litvinenko’s high court challenge is over the UK government’s
decision to await the outcome of a normal inquest before deciding decision to await the outcome of a normal inquest before deciding
whether there should be a wider-ranging inquiry.whether there should be a wider-ranging inquiry.
Ms Litvinenko has said she wants to get to the truth of how her husband Ms Litvinenko has said she wants to get to the truth of how her husband
came to die in 2006 after fleeing Russia and receiving political asylum came to die in 2006 after fleeing Russia and receiving political asylum
in the UK.in the UK.
He was poisoned with radioactive polonium-210 while drinking tea He was poisoned with radioactive polonium-210 while drinking tea
with two Russian men, one a former KGB officer, at the Millennium Hotel with two Russian men, one a former KGB officer, at the Millennium Hotel
in London’s Grosvenor Square.in London’s Grosvenor Square.
His family believes he was working for MI6 at the time and was killed on the orders of the Kremlin.His family believes he was working for MI6 at the time and was killed on the orders of the Kremlin.
Ms Litvinenko is seeking a ruling that the home secretary, Theresa May, Ms Litvinenko is seeking a ruling that the home secretary, Theresa May,
was wrong not to order a public inquiry into the 43-year-old’s was wrong not to order a public inquiry into the 43-year-old’s
death.death.
Lord Justice Richards, Lord Justice Treacy and Mr Justice Mitting will announce their decision following a hearing last month.Lord Justice Richards, Lord Justice Treacy and Mr Justice Mitting will announce their decision following a hearing last month.
At that hearing the home secretary’s decision not to set up a publicAt that hearing the home secretary’s decision not to set up a public
inquiry was attacked as “obviously against the public interest” and inquiry was attacked as “obviously against the public interest” and
“legally irrational”.“legally irrational”.
Ben Emmerson QC, for Ms Litvinenko, accused May of adopting the Ben Emmerson QC, for Ms Litvinenko, accused May of adopting the
“bizarre” position of waiting to see what came out of a pending inquest“bizarre” position of waiting to see what came out of a pending inquest
so restricted that it would not be able to examine secret evidence so restricted that it would not be able to examine secret evidence
linked to allegations of Russian state involvement in the death.linked to allegations of Russian state involvement in the death.
Emmerson argued there was “a strong and overwhelming” need for a public inquiry. It was needed to establish whether Litvinenko was the victim of aEmmerson argued there was “a strong and overwhelming” need for a public inquiry. It was needed to establish whether Litvinenko was the victim of a
crime committed “for private criminal purposes” or whether it was a crime committed “for private criminal purposes” or whether it was a
“state-sponsored assassination carried out on the territory of the UK on“state-sponsored assassination carried out on the territory of the UK on
the orders of the Russian government”. the orders of the Russian government”.
He added that a statutory inquiry was the only way of investigating He added that a statutory inquiry was the only way of investigating
that central question as it involved accessing sensitive information that central question as it involved accessing sensitive information
covered by public interest immunity certificates. The courts had decidedcovered by public interest immunity certificates. The courts had decided
that information could not be made available to the inquest. that information could not be made available to the inquest.
The coroner himself – the high court judge Sir Robert Owen – had called for a public inquiry, said Emmerson.The coroner himself – the high court judge Sir Robert Owen – had called for a public inquiry, said Emmerson.
Neil Garnham QC, for the home secretary, argued that the claim Neil Garnham QC, for the home secretary, argued that the claim
should fail because the obligation to hold an effective, official should fail because the obligation to hold an effective, official
investigation into the death was being discharged by the government investigation into the death was being discharged by the government
through a police investigation and the proposed inquest.through a police investigation and the proposed inquest.
He submitted that May’s decision not to hold a public inquiry was rational and lawful.He submitted that May’s decision not to hold a public inquiry was rational and lawful.