Saturday, 27 August 2011

David Kelly: Application for Judicial Review

This link is to a site soliciting donations towards the costs of legal action, by a group of concerned medical professionals, to secure a formal inquest (scandalously denied by devious and wicked machinations of the Blair government and apathetic connivance of the Cameron government) into the death, on Harrowdown Hill or quite possibly elsewhere, of Dr David Kelly.

As before, the photograph is of Gruinard Island, as a reminder that Dr Kelly was a public servant of very great value, who did far more for his country than any of his detractors and persecutors within Downing Street.

The first step towards securing an inquest, is an application for judicial review of the Attorney General's perverse decision not to ask the Oxfordshire Coroner to hold one, as has been the normal practice in practically every other sudden or unexplained death in England for many centuries. It is expected that the judicial review will incur legal costs around £50,000, although if the review is granted and the Attorney General does not expend huge sums of public money defending the indefensible and merely delaying the inevitable, the judicial review may be the only adversarial legal action that is necessary.

It has been hinted that there are delicate matters of national security involved. Medawar does not believe that there is anything in this, other than a desire to conceal possible illegal actions by agents of foreign states, in order that the government may appease those states. "National Security" is in all cases better served by standing up to murder and blackmail rather than by giving in to it in craven fashion. States which are allowed get away with murder come to believe that they will be allowed to get away with military intimidation and even conquest.

The medical professionals involved are tackling only the medical evidence, from a medical standpoint, and Medawar has always sought to give them the elbow-room needed to do this. However, whereas Lord Hutton's inquiry was presented with partial, incomplete and possibly highly unreliable medical evidence, the evidence of a very expert forensic botanist who made detailed investigations at the scene and on the body, was not heard or even referred to, at all. Either by the Hutton inquiry or any other official investigation.

In many cases of unlawful killing in recent years, the forensic botanists have produced by far the most important and most reliable evidence of all, and it is now normal practice to give them the highest priority access to crime scenes and the body of any deceased person. Medawar's view is that, especially where the medical experts question whether Dr Kelly died where his body was discovered, or even anywhere near, the forensic botany evidence will be the most important.

It is also important to note that the Hutton inquiry did not hear any evidence under oath, therefore there is no legal sanction whatever for any person who deliberately lied to the inquiry, or omitted evidence. Several incidences of false evidence are now known, including a police officer who admits to having lied to conceal the presence of a third party who attended the scene with the officer and his partner. This was supposedly to "protect" a trainee officer, but since there is no reason why a trainee officer should not have accompanied his experienced mentors to a crime scene, to observe proper procedure, it is ridiculous to conceal the trainee's presence if this explanation is really true. The officer's actions make sense only if the third party's presence would seem to the general public (and possibly the courts) to be inappropriate, and that would only be the case if they were not an officer at all, but some other category of person.

Only a proper coroner's court can examine these witnesses under oath, and therefore under strict legal sanction for lies and omissions, and therefore, in a case where it is already established that people are lying, only a coroner's court has the tools to access the truth.

There must be a full inquest, with a jury, where the liars are made to tell the truth (and all of it!) and the coroner calls the most competent witness with the professional tools to answer the most pertinent questions, and that would be the forensic botanist.

And as for Iraq and all the conspiracy theories surrounding Iraq:

All of the most important tasks of Dr Kelly's career, concerned not the WMD programmes of Iraq, Syria and Libya, but the much larger and better-resourced WMD programmes of the Soviet Union and more latterly, the former Soviet states which inherited these programmes, sites, hardware, software and bacterial and viral cultures. If it does transpire that Dr Kelly was unlawfully killed, the murderer will most likely be found in connection with the most important matters of his career and not the least or necessarily the most recent.

Solicitors have been formally instructed to apply for judicial review, and the appeal for funds had, last time Medawar checked, raised £33,000 of an estimated £40,000 cost. Seven grand more, please!

There is going to be an inquest into the death of Gareth Williams, too, but some "senior police source" is still briefing the press with absurdities to try and prevent any objective and rational inquiry. However, only the Daily Express is still willing to print this person's dissembling and the Daily Mail and even the Sun have ceased to even acknowledge that the "death by his own perversion" line is still being peddled. The officer involved may soon find that no journalists at all are willing to pay for his lunches and dinners in return for being told improbable and grossly defamatory lies. The reason for this is simple: the officer's conduct is likely to pervert the course of justice, assisting him by reproducing his falsehoods in print could make the journalist and his publisher co-conspirators in that perversion of justice, this can carry any penalty up to and including life imprisonment. It isn't at all surprising that journalists don't appreciate being used as mouthpieces for this kind of campaign!

However, there is still no sign of any progress whatsoever towards an honest and open-minded investigation into the suspicious death of Dr Kelly's former research student, Dr Timothy Hampton, in Vienna. Medawar suspects that this may prove to be at least as important as Dr Kelly's death. A link to former Soviet WMD programmes can't be ruled out there, either.

1 comment:

Andrew Watt said...

You assert that there is no legal sanction for someone who gave false evidence or omitted evidence in the context of the Hutton Inquiry.

I'm unconvinced that you're correct.

If it is shown that David Kelly may have been murdered then my understanding is that false evidence or withheld evidence may, in the appropriate circumstances, constitute perverting the course of justice.