Grenfell Inquiry in Limbo Over ‘Mockery of Justice' Immunity Application

24 Housing231 day(s) ago

The Grenfell Inquiry has been thrown into limbo over the immunity from prosecution application by key participants fearing self-incrimination on manslaughter or other serious charges Due to start on Monday 3rd Feb Phase 2 oral evidence and cross-examination has been put back to hear submissions from Counsel for the bereaved survivors and residents core participants and from Counsel to the Inquiry on the application which has been branded a mockery of justice risk Inquiry chairman Sir Martin Moore-Bick has confirmed the inquiry will not take evidence on Tuesday A further delay to the start of oral evidence depends on the outcome of the application with the inquiry to update once the panels ruling on the application is available The application effectively asks the Attorney General to guarantee that evidence specific witnesses give to the inquiry cannot be used against them in any subsequent criminal proceedings Such action the application says would allow specific witnesses to speak freely before the inquiry Lawyers for the bereaved survivors and residents have branded the application a sabotage of process While all are angry at the application some of the bereaved and survivors have said they would prefer to see justice though the criminal courts than the public inquiry and so would prefer the police investigation to come first Sir Martin has said the application was very disappointing not least because the issue had been raised more than a year ago Unite the UKs largest union supporting 65 core participants at the inquiry has warned the application risks a mockery of justice if upheld Lawyers for current and former employees of the architect contractor subcontractor and client on the project said it was plain to those interviewed already by police that the investigation will include gross negligence manslaughter where applicable In addition detectives are expressly investigating contraventions of relevant health and safety legislation and regulation they said in an application seeking assurances that evidence they give to the inquiry cannot be used to prosecute them Health-and-safety-at-work crimes are punishable by up to two years in prison but in the application the lawyers noted that a manslaughter charge could lead to a life sentence Jonathan Laidlaw QC acting for Harley Facades whose employees are among those already questioned by police under caution and who are due to testify to the public inquiry said a significant number of the witnesses expected to be called in the second phase of the inquiry had already backed the application for protection and more may follow Right through the course of phase two these individuals will remain suspects in respect of whom there is a real and appreciable danger of self-incrimination he said Many witnesses expected to be called had already been interviewed by detectives he said and unless they were given the undertaking then they would invoke their right to refuse to answer even the most basic questions in front of the inquiry Without protection it would be impossible to get to the answers the bereaved survivors and residents are plainly entitled to Laidlaw said Four witnesses for Harley Facades the company that oversaw the cladding works had already been interviewed by police and faced further interviews over possible breaches of the Health and Safety at Work Act Detectives working on Operation Northleigh the criminal investigation into Grenfell have said they will not consider passing case files to the Crown Prosecution Service until after the inquiry has concluded so any trials could be at least two years away