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Coroner in SAS inquest blocks release of witness statements Coroner in SAS inquest blocks release of witness statements
(35 minutes later)
A coroner hearing the inquest of three men who suffered fatal heat illness during an SAS training march in south Wales has refused to allow the release of witness statements, concluding that their publication could threaten any future criminal prosecutions.A coroner hearing the inquest of three men who suffered fatal heat illness during an SAS training march in south Wales has refused to allow the release of witness statements, concluding that their publication could threaten any future criminal prosecutions.
The Guardian and other media organisations argued that in the interest of open justice, statements taken by detectives investigating the tragedy on the Brecon Beacons and provided to the inquest should be released to allow the proceedings to be reported fully.The Guardian and other media organisations argued that in the interest of open justice, statements taken by detectives investigating the tragedy on the Brecon Beacons and provided to the inquest should be released to allow the proceedings to be reported fully.
But the Birmingham and Solihull coroner, Louise Hunt, said on Friday that there would be a “clear and compelling risk” to any future criminal action by the police or the Health and Safety Executive (HSE) if they were published. She said the evidence she was relying on had been either given orally by witnesses or read out fully in open court. But the Birmingham and Solihull coroner, Louise Hunt, said on Friday there would be a “clear and compelling risk” to any future criminal action by the police or the Health and Safety Executive (HSE) if they were published. She said the evidence she was relying on had been either given orally by witnesses or read out fully in open court.
L/Cpls Craig Roberts and Edward Maher and Cpl James Dunsby died after suffering hyperthermia as temperatures reached 27C (80.6F) during the test in July 2013. At least seven more reservists suffered heat injuries during the exercise.L/Cpls Craig Roberts and Edward Maher and Cpl James Dunsby died after suffering hyperthermia as temperatures reached 27C (80.6F) during the test in July 2013. At least seven more reservists suffered heat injuries during the exercise.
The inquest in Solihull, West Midlands, has heard claims that the march was not called off for the heat because it would have generated too much paperwork. Candidates have given vivid accounts of running out of water, collapsing and having to be helped by civilians.The inquest in Solihull, West Midlands, has heard claims that the march was not called off for the heat because it would have generated too much paperwork. Candidates have given vivid accounts of running out of water, collapsing and having to be helped by civilians.
On Wednesday barrister Caoilfhionn Gallagher, for the Guardian and other media organisations, argued that the “default position” was that access to statements relied on in court should should be permitted in the interest of open justice. On Wednesday, barrister Caoilfhionn Gallagher, for the Guardian and other media organisations, argued that the “default position” was that access to statements relied on in court should should be permitted in the interest of open justice.
She told the coroner the inquest “undoubtedly raises issues of public interest” but the media were being “severely hampered in their ability to report on these important inquest proceedings given the absence of basic disclosure”.She told the coroner the inquest “undoubtedly raises issues of public interest” but the media were being “severely hampered in their ability to report on these important inquest proceedings given the absence of basic disclosure”.
The “default position” that statements should be released was set out in a 2013 court of appeal ruling after the Guardian argued it was impossible to properly report an extradition case at the City of London magistrates court because documents referred to and relied on in court were not available to reporters. The default position that statements should be released was set out in a 2013 court of appeal ruling after the Guardian argued it was impossible to properly report an extradition case at the City of London magistrates court because documents referred to and relied on in court were not available to reporters.
Gallagher said “transparency of the process and assuaging public concerns” were a central part of the inquest process and so the proceedings should be reported as fully as possible.Gallagher said “transparency of the process and assuaging public concerns” were a central part of the inquest process and so the proceedings should be reported as fully as possible.
Lawyers for Dyfed-Powys police and the HSE both argued that possible criminal proceedings following the inquest could be compromised if the statements were released. Lawyers for Dyfed-Powys police and the HSE both argued that possible criminal proceedings following the inquest could be compromised if the statements were released. The coroner agreed, saying she had to balance the “open justice principle” with the risk of harm.
The coroner agreed, saying she had to balance the “open justice principle” with the “risk of harm”.
Many witnesses have been giving evidence from behind a screen and have been identified only by ciphers. The Guardian and others also questioned the basis for this.Many witnesses have been giving evidence from behind a screen and have been identified only by ciphers. The Guardian and others also questioned the basis for this.
Hunt said the ruling had been made because the personnel were members of a specialist military unit and revealing their identity could compromise their safety, the safety of others and national security. The coroner also said she believed the screening and ciphering had improved the quality of evidence given.Hunt said the ruling had been made because the personnel were members of a specialist military unit and revealing their identity could compromise their safety, the safety of others and national security. The coroner also said she believed the screening and ciphering had improved the quality of evidence given.
The inquest continues.The inquest continues.