Legal review of Sargeant death inquiry refused
THE widow of former Welsh Government minister Carl Sargeant has been refused permission by the High Court to apply for a judicial review of the way an inquiry into his treatment by First Minister Carwyn Jones will be conducted.
Mr Sargeant is believed to have taken his own life last November, four days after being removed from his post as Cabinet Secretary for Communities and Children following unspecified allegations of sexual harassment that he denied.
Bernie Sargeant objected to the rules laid down for the inquiry, which would not allow her lawyers to cross-examine the First Minister and other witnesses, family members to have a right to attend all hearings or for some of the evidence be heard in public.
A spokeswoman for Hudgell Solicitors, who represent the Sargeant family, said: “We have received confirmation from the High Court that our application for permission to apply for Judicial Review has been refused and are currently discussing the position with our client and counsel.”
A spokesman for the Welsh Government said: “We have been informed by the High Court that permission to apply for a judicial review has been refused. The claimants now have seven days to apply for a reconsideration of this decision. The timings of the independent inquiry are a matter for Paul Bowen QC [who will chair the inquiry].”
In her judgement, Mrs Justice Farbey said there were no grounds for saying that the independent investigator had the power to compel witnesses to give evidence. She also rejected the claimant’s assertion that it would be in breach of natural justice and/or irrational for the First Minister to determine the process by which the investigation will operate when he is also core participant and witness.
Mrs Justice Farbey said that under law the First Minister was the only person empowered to establish an investigation. She added: “It does not follow that the claimant is impeded from presenting her case or that the investigator is impeded in conducting a fair and independent inquiry into all relevant issues.”
The judge said there were adequate provisions for Mrs Sargeant’s lawyers to put questions through the investigator and/or his barrister. There were no grounds for supposing that the investigator would not apply those provisions fairly.
Other points made by Mrs Sargeant’s legal team were also dismissed. She has until Thursday to appeal.