Anger as inquiry chief backs call to give Grenfell firms immunity
THE chairman of the Grenfell Inquiry has backed calls for corporate witnesses to be given a guarantee that their evidence will not be used against them in criminal prosecutions.
Sir Martin Moore-Bick has officially asked the Attorney General to grant immunity for live evidence – prompting an immediate backlash.
The decision was made to prevent witnesses staying silent and refusing to cooperate under a legal right against self-incrimination.
Sir Martin wants those giving evidence to the inquiry to be free to give a full and truthful account without fear of the consequences so that he can make recommendations on the fullest available evidence. Critics claimed the move was ‘unthinkable’ and could help those responsible to escape justice.
The inquiry has now been put on hold pending a decision by the Government’s chief law officer, Geoffrey Cox QC.
Explaining his request in a published ruling yesterday, Sir Martin said: ‘Any recommendations we may be able to make will depend for their weight and authority on the evidence that underpins our findings... it is essential that we be able to explore with the witnesses their states of mind and the reasons for their actions.’
If granted, it would only prevent a prosecution being brought against a witness based on oral testimony. The immunity would not cover written statements or documents.
The ruling added: ‘It is for the Attorney General, of course, to decide whether it would be appropriate for him to give an undertaking and, if so, in what terms. It will be for him to balance the competing demands of the inquiry against the need to avoid prejudicing any future criminal proceedings.’
Sir Martin’s request was immediately condemned on social media.
Labour leadership candidate
Rebecca Long-Bailey tweeted: ‘It’s unthinkable that corporate witnesses could be given immunity from prosecution. Corporations are not above the law.
‘Grenfell survivors, all those who lost loved ones and firefighters must have answers and accountability without delay.’
Representatives of the cladding
‘Perpetrators of this inferno’
company, building contractor and tenant management organisation had asked for the guarantee before giving evidence.
The second stage of the inquiry has heard the main designers, contractors and fire safety consultants appeared to predict two years before the disaster that a planned cladding system would fail if exposed to fire, according to internal emails disclosed to the hearing. On Monday, the inquiry’s chief lawyer, Richard Millett QC, advised Sir Martin to accept the request, saying: ‘ Without it you will not get to the truth.’
Michael Mansfield QC, representing victims, previously described the move as ‘abhorrent’, saying the ‘potential perpetrators of this inferno’ are trying to ‘dictate the terms in which they will provide their assistance’.
Stephanie Barwise QC, for another group of victims, said the timing ‘bears all the hallmarks of sabotage of this inquiry’.
The fire at the 23-storey Grenfell tower block in Kensington, west London, in June 2017 killed 72 people. The Metropolitan Police is conducting its own investigation into possible crimes ranging from gross negligence manslaughter to health and safety offences.