Do
you remember the strange case of Dr Kelly?
He
was outed as the whistleblower on WMD, possibly by No 10.
He
is the only person to have died in suspicious circumstances for over 100 years
who has been denied a coroner’s inquest. Instead, the then Lord Chancellor,
Blair’s mate Lord Falconer, invoked an obscure law to appoint an inquiry under
Lord Hutton. This found that on 17th July 2003 Dr Kelly went for a
walk in the woods near his home where he overdosed on pain killers and cut an
artery in his wrist with a pruning knife.
So
what do we know about the case?
For
starters, he had just been cleared by a Commons Committee of Inquiry; only that
morning he had booked a return flight to Baghdad; and he had arranged to meet his daughter that
evening. He left an answer-phone message for a friend arranging to meet him 6
days later. Hardly the actions of a man intent on taking his own life, you
might think.
We
know from ‘The Strange Death of Dr Kelly’ by Norman Baker MP that the knife had
no fingerprints on it even though Kelly wore no gloves. The items found with
his body – his glasses, watch, two packets of pills and a water bottle – were
also clean. It is highly doubtful whether the cut could have killed him; to
kill yourself this way you must cut lengthways. If you cut across, it is most
likely that the artery will self-seal unless you use a very sharp blade (not a
pruning knife) and do it in the bath to prevent clotting. There is also doubt as to whether the
overdose was sufficient to cause death.
There
some other disturbing features to the case.
There
is strong suspicion that the body was moved. The Hutton report says that there
was a photograph of the body showing most of it lying on the ground but with
his head slumped against a tree. But the pathologist commissioned by the
present Attorney General to review the case said that the photographs shown the
feet pointing away from the tree and a considerable gap between the head and
the tree. There was a third person present with the policeman who stayed with
the body but he did not mention this.
This
is not the only example of the police witnesses being disingenuous. Dr Kelly’s
dental records disappeared mysteriously only to be found again two days after
the death. The Assistant Chief Constable stated in his evidence to Hutton that
no ‘extraneous’ finger-prints were found on the documents after their alleged
theft. We now know there were 6 unidentified prints on the records.
It
is alleged that an incident room was set up before the Dr was reported missing.
The
Chief Inspector who led the investigation was not even called to give evidence
to Hutton, incredible though this may seem.
The
place of death, which is always included on death certificates, was not stated.
It merely said ‘found dead at Harrowdown Hill’. The certificate was registered
5 weeks before the completion of the Hutton inquiry.
So
what difference did it make, having an inquiry instead of an inquest? Surely
this would be a more authoritative forum conducted by a distinguished judge
than a mere inquest by a local coroner?
Er,
no!
None
of the witnesses gave evidence on oath. They could mislead the inquiry and get
away with it. Two of the police witnesses did, at the least. At inquests
evidence is always given on oath – with criminal penalties for lying.
The
coroner’s duty is to establish how and where and when a person died. In a case
of suicide he must be satisfied beyond reasonable doubt that the deceased intended
to kill himself and did so.
All
this is in the public domain. But when Hutton published his report he secretly
proposed that all the evidence and photographs should be classified for 70
years. Why?
There
was so much public disquiet over the inadequacy of the inquiry and the
suspicion that it was a whitewash that a group of distinguished medical and forensic
experts lobbied for a proper inquest. When Dominic Grieve, who had previously
expressed ‘serious misgivings’ about the findings of the inquiry, was made
Attorney General there were high hopes that an inquest would be granted.
Not
so.
In
another decision taken behind closed doors, Grieve upheld Hutton. On the point
about evidence on oath he said that it was not logical to quibble over the difference
between swearing an oath and not doing so, which does not say much either for
his knowledge of the law or for his moral sense. He said in Parliament that
there is no possibility that at an inquest a verdict other than suicide would
be returned.
How
could he know what a coroner might have decided? An open verdict would have
been a distinct possibility.
There
may now be a judicial review.
So
if there was an unlawful killing, whose fingerprints were on it? Mossad? They
would have made a proper job of it. CIA? The blunders would suggest so, but for
what possible reason? MI6? They don’t do this stuff otherwise Martin McGuiness
would not still be walking around.
Cui
bono?
We
will probably never know!