During Tranche 2 the Inquiry put in place a variety of Reporting Restriction Orders to protect sensitive issues arising in live evidence in relation to civilian witnesses from being reported more widely. The impact of this was that in some cases the Inquiry decided the only way it could meet the various needs was to have no live transmission of various police and civilian witnesses in part.
In Tranche 2 Phase 2, the extent to which RROs were in place gave rise to considerable concern about the conduct of the evidence hearings by the non-state core participants who were generally in favour of evidence being publicly aired were possible. The Inquiry wrote:
On Thursday 31 October, all core participants were advised that as a result of a late application for a Reporting Restriction Order, and because of the other Reporting Restriction Orders in place, it would be unlikely that much, if any, of the evidence listed in the weeks commencing 4, 11, 25 November and 2 December would be able to be live streamed.
To resolve the conflicting needs the Inquiry held a hearing on 4 November 2024. The Inquiry Chair, Sir John Mitting ruled against the applications, prioritising his need to make a decision around whether a miscarriage of justice took place in relation to the Debenam's case involving HN10 Robert Lambert 'Bob Robinson' . He stated:
The problem that I face ... is as follows. A very significant part of the evidence which is going to be given in Tranche 2, Phase 2 concerns the actions of Robert Lambert, and in particular whether he played an active part in the planting of incendiary devices in Debenhams stores on the night of 11 July 1987, which when activated caused damage from sprinklers in two stores and fire damage in a third.
I must report on my findings on that and similar issues to enable the Court of Appeal to determine the pending appeal of Sheppard and Clarke, who were convicted of placing incendiary devices in the Debenhams stores on that night.
The evidence is contested. One of the issues that I must determine is who is telling me the truth about these matters. I must also determine the accuracy of the evidence of those witnesses who I am satisfied are telling me the truth. These are complex and difficult questions and it is of vital importance that evidence about them is given by witnesses who are subject to the least possible interference in the giving of evidence.
In other words, it is of vital importance to me that the evidence of these witnesses is given in the same manner as if it would be at a trial, criminal or civil. In other words, calmly, without interruption and in such circumstances as permits them to do their best and to give me the opportunity to make a conventional assessment of truthfulness and accuracy.
This cannot be done if the evidence is to be repeatedly interrupted by the need to enforce reporting restriction orders as well as other restriction orders that have been made of a different kind. Experience to date has shown that repeated interruptions of the evidence of significant witnesses has occurred and is likely to occur if live streaming of the evidence of such witnesses occurs.
Principally for that reason, I therefore reject the submissions that have been made on all sides that evidence of witnesses whose account involves matters that are subject to reporting restriction orders should be live streamed.
adding
A subsidiary reason, but no less important, is that Counsel to the Inquiry have prepared their questioning of these witnesses on the footing that they would be able to do so in the conventional manner and without interruption. To require them now to start again and to subdivide their proposed questioning of witnesses into two sections, those which can be live streamed and those which can't, at this stage in the proceedings of the Inquiry is not sensible, any more than it is not practical.
Speakers
| Counsel | Clients |
|---|---|
| David Barr KC | UCPI |
| James Wood KC | Helen Steel, Dave Morris and other Hodge Jones & Allen clients |
| Harriet Johnson | individuals in Category H (relationships) |
| Shanti Sivakumaran | TBS |
| Kirsten Heaven | Non-State Core Participants Co-ordinating Group |
| Charlotte Kilroy KC | Helen Steel (closed) |