AM’s widow appeals against ruling
THE widow of former Welsh Government Minister Carl Sargeant is appealing against a High Court judge’s decision to reject her application 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 as Cabinet Secretary for Communities and Children following unspecified allegations of sexual harassment that he denied.
Bernie Sargeant objects to the rules laid down for the inquiry, which would not allow her lawyers to cross-examine the First Minister and other witnesses, witnesses to be compelled to give evidence, family members to have a right to attend all hearings or for some of the evidence to be heard in public.
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 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 a core participant.
Mrs Justice Farbey said that under law the First Minister was the only person empowered to establish an investigation. The judge said there were adequate provisions for Mrs Sargeant’s lawyers to put questions through the investigator and/or his barrister.
A spokeswoman for Hudgell Solicitors, who represent the Sargeant family, confirmed that papers had been lodged with the Court of Appeal.