THE BAHA MOUSA PUBLIC
INQUIRY News Release issued by COI News Distribution Service. 15
October 2008
Today, The Right
Honourable Sir William Gage made his opening statement as Chairman
during the preliminary hearing event for the Baha Mousa Inquiry.
Sir William Gage was asked by The Right Hon Des Browne MP on 21
July 2008 (then Secretary of State for Defence), to Chair the Baha
Mousa Public Inquiry, which has been formally set up under the
Inquiries Act 2005.
The Inquiry is primarily concerned with the circumstances
surrounding the death in 2003 of one man, Baha Mousa, and the
treatment of others detained with him in Basra, Iraq, by soldiers
of the 1st Battalion The Queen's Lancashire Regiment.
The Inquiry's main Terms of Reference are as follows:
"To investigate and report on the circumstances surrounding
the death of Baha Mousa and the treatment of those detained with
him, taking account of the investigations which have already taken
place, in particular where responsibility lay for approving the
practice of conditioning detainees by any members of the 1st
Battalion The Queen's Lancashire Regiment in Iraq in 2003,
and to make recommendations."
Commenting on the Inquiry during his opening statement, The Right
Honourable Sir William Gage said:
"The gravity and importance of the events that this Inquiry
is to investigate require little explanation. The Courts, and the
public in general, have long recognised that the death of any
person in the custody of the state, other than by natural causes,
is always a ground for serious concern.
"Where the death has occurred in the custody of British
forces serving abroad and there has at the same time been the
infliction of injury to other detainees, in circumstances in which
the issue of the use of conditioning techniques is raised, these
matters are of clear and obvious public concern and importance.
"Whatever my ultimate findings in this matter, it is right
that at the outset we express our sincere regret at the loss of
life of a man in army custody. It is also right that we do not
forget the loss of life of British servicemen in Iraq in 2003 and thereafter.
"I shall take note of previous investigations and
proceedings which relate to these matters, but I stress that I am
inquiring afresh with all the powers provided to me by Parliament
under the 2005 Act.
"I am under no illusions as to the magnitude of the task
ahead; it will require much work in terms of the assembly and
analysis of documents as well as the preparation and taking of
witness statements. The bulk of this must be done before I can
embark upon hearing evidence. I shall endeavour to ensure that
this work proceeds with an appropriate degree of urgency."
NOTE TO EDITORS:
1. The Inquiry Team
To assist the Chairman, Sir William Gage, with the broader
running of the Inquiry, he has appointed an Inquiry Team. They are
as follows:
The Secretary to the Inquiry is Lee Hughes, a Senior Civil
Servant seconded to the Inquiry from the Ministry of Justice, who
is primarily responsible for the administration of the business of
the Inquiry.
The Solicitor to the Inquiry is Duncan Henderson, a Senior Civil
Servant who has been seconded to the Inquiry from the Treasury
Solicitor's Department. He will be responsible for gathering
the evidence relating to matters under investigation. Mr Henderson
has instructed three independent members of the Bar, Gerard Elias
QC, Nicholas Moss and Patrick Halliday. Their role is not to
promote any particular conclusion or result, still less to favour
any particular witness or class of witness.
2. The Oral Hearings
Sir William Gage held the pre-inquest hearing (today) in the
International Dispute Resolution Centre, where the Inquiry's
offices are located for the time being.
From next week, however, the Inquiry is to be based at Finlaison
House in Furnival Street, London, which is where it is intended
that all future hearings will take place. Further details about
them will be published in due course on the Inquiry's website
which can be found at http://www.bahamousainquiry.org.
In due course the transcript of today's proceedings and any
rulings and directions will be posted on the website. The oral
hearings themselves will be simultaneously recorded and available
in real time for the legal representatives present; verbatim
transcripts will be made available to the Core Participants
shortly after the close of a day's proceedings and also
posted to the website so that the general public can follow the proceedings.
Similarly, it is intended to scan all relevant and publishable
documents into a system which will permit them to be called up
onto screens in the Inquiry Room and then published on the website
after they have been adduced in evidence.
In accordance with the presumption of openness, the hearings will
be in public to the greatest degree practicable. Any possible
exceptions to this position will be addressed in written
procedures. Facilities will be made available at the hearings for
members of the public and representatives of the press and media organisations.
Court Reporting rules: Sir William Gage would like to highlight
that at the Court Martial of seven servicemen arising out of these
events, the presiding Judge Advocate made an order, which remains
in force for this Inquiry, requiring the media not to publish
certain features and information in relation to the Defendants. If
anybody has submissions to make in relation to this order, or any
related matter affecting other service personnel, they must
contact Sir William Gage in writing by 14 November 2008, and he
shall consider them and any further argument at the first
Directions Hearing.
For more information please contact Suzanne Halls or Mark Fenwick
in the Baha Mousa Inquiry Press Office on 020 7261 8327, or visit
the website at http://www.bahamousainquiry.org.