From: "STEPHEN FROST" <stephen.frost@>
To: newseditors@pa.press, lobby@pa.press
Cc: "Michael Powers Q.C." <powers@>, fswaine@leighday, "david halpin" <dsh@>, chris.burns-cox@, monafay@, "Miles Goslett" <milogoslett@>
URGENT PRESS RELEASE FROM THE DOCTORS (to be released immediately after the decision is announced by the AG)
We doctors and lawyers are unanimous in holding the view that the case for an inquest into Dr David Kelly's death, as presented by us to the Attorney General Dominic Grieve, is unanswerable in law. It is therefore very surprising and perplexing that the Attorney General today supports those who wish to deny Dr Kelly a proper inquest. This is clearly a political decision when it should have been a decision based solely on the law. This government has now revealed itself to be complicit in a determined and concerted cover-up. Four successive governments have sought to obscure the truth of what happened. The cover-up could not be more obvious. But a cover-up of what? One has to ask why there has been such desperation to avoid the legally required inquest into Dr Kelly's death which could answer that question. In addition to the seeming wish in some surprising quarters to pervert the course of justice there is also the real and disturbing possibility that Lord Hutton's "finding" that Dr Kelly committed suicide constitutes a grave miscarriage of justice, a finding which smears Dr Kelly and his family for ever. Accordingly, we intend vigorously to contest the decision of the Attorney General at the High Court of Justice through judicial review of that decision. We need the public's support and a fund has been set up for the possibility that we will be required to pay the Government's legal costs were we to lose. The public interest of due process of the law being observed by the Government which serves the British people cannot be trumped by any other purported public interest. Dr Michael Powers QC, who represents the doctors, intends to make a statement on behalf of the doctors, as does Frances Swaine of Leigh Day & Co. For those interested in the fine detail of this complex and multi-faceted case a website drdavidkellyinquestrequired.blogspot.com has recently been set up. Key documents are in the process of being uploaded on that website for the information of the public. A proper inquest into the suspicious death of any British citizen is required by the laws of this country. Everyone now knows that the Hutton Inquiry, which purported to fulfil the coronial requirement, was a woefully inadequate instrument for investigating this most important death, especially given the highly controversial context of illegal war in which the death of this loyal and brilliant public servant took place. It is highly regrettable that Dominic Grieve has sought, as did the Coroner Nicholas Gardiner before him, to rubber-stamp the clear subversion of due process of the law that the derailing of the Inquest by Lord Falconer on 13 August 2003 constituted. This government is now officially complicit in the cover-up. Dominic Grieve will for ever be tainted by this deeply flawed decision which we know and he knows has no basis in law. He should have resigned rather than comply with the Government's demands. As a lawyer, his position as Attorney General is now untenable and he will no doubt be subject to reasonable demands that he resign. The continuing cover-up of the truth of what happened is a national disgrace and should be of concern to all British citizens.
Dr Stephen Frost BSc MBChB Specialist in Diagnostic Radiology (Stockholm, Sweden)
We doctors and lawyers are unanimous in holding the view that the case for an inquest into Dr David Kelly's death, as presented by us to the Attorney General Dominic Grieve, is unanswerable in law. It is therefore very surprising and perplexing that the Attorney General today supports those who wish to deny Dr Kelly a proper inquest. This is clearly a political decision when it should have been a decision based solely on the law. This government has now revealed itself to be complicit in a determined and concerted cover-up. Four successive governments have sought to obscure the truth of what happened. The cover-up could not be more obvious. But a cover-up of what? One has to ask why there has been such desperation to avoid the legally required inquest into Dr Kelly's death which could answer that question. In addition to the seeming wish in some surprising quarters to pervert the course of justice there is also the real and disturbing possibility that Lord Hutton's "finding" that Dr Kelly committed suicide constitutes a grave miscarriage of justice, a finding which smears Dr Kelly and his family for ever. Accordingly, we intend vigorously to contest the decision of the Attorney General at the High Court of Justice through judicial review of that decision. We need the public's support and a fund has been set up for the possibility that we will be required to pay the Government's legal costs were we to lose. The public interest of due process of the law being observed by the Government which serves the British people cannot be trumped by any other purported public interest. Dr Michael Powers QC, who represents the doctors, intends to make a statement on behalf of the doctors, as does Frances Swaine of Leigh Day & Co. For those interested in the fine detail of this complex and multi-faceted case a website drdavidkellyinquestrequired.blogspot.com has recently been set up. Key documents are in the process of being uploaded on that website for the information of the public. A proper inquest into the suspicious death of any British citizen is required by the laws of this country. Everyone now knows that the Hutton Inquiry, which purported to fulfil the coronial requirement, was a woefully inadequate instrument for investigating this most important death, especially given the highly controversial context of illegal war in which the death of this loyal and brilliant public servant took place. It is highly regrettable that Dominic Grieve has sought, as did the Coroner Nicholas Gardiner before him, to rubber-stamp the clear subversion of due process of the law that the derailing of the Inquest by Lord Falconer on 13 August 2003 constituted. This government is now officially complicit in the cover-up. Dominic Grieve will for ever be tainted by this deeply flawed decision which we know and he knows has no basis in law. He should have resigned rather than comply with the Government's demands. As a lawyer, his position as Attorney General is now untenable and he will no doubt be subject to reasonable demands that he resign. The continuing cover-up of the truth of what happened is a national disgrace and should be of concern to all British citizens.
Dr Stephen Frost BSc MBChB Specialist in Diagnostic Radiology (Stockholm, Sweden)
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