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The Cabinet Office is seeking a judicial review of Baroness Hallett’s order to release Boris Johnson’s WhatsApp messages, diaries and notebooks, it confirmed in a letter to the COVID inquiry.

The government department said it was bringing a judicial review challenge “with regret” – but added that there were “important issues of principle at stake”.

Despite the development, it said it would “continue to co-operate fully with the inquiry before, during and after the jurisdictional issue in question”.

The legal action comes after days of wrangling in which the government hesitated over handing the tranche of documents to the public inquiry over fears it would compromise ministers’ and other individuals’ right to privacy.

Outlining its refusal to hand over the material in its letter, the Cabinet Office again questioned whether it had “the power to compel production of documents and messages which are unambiguously irrelevant to the inquiry’s work”.

COVID legal challenge ‘desperate attempt to withhold evidence – politics latest

Such materials include personal messages and “matters unconnected to the government’s handling of COVID”, it said.

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It argued that requesting “irrelevant” material “represents an unwarranted intrusion into other aspects of the work of government” and that “important issues of principle are at stake here, affecting both the rights of individuals and the proper conduct of government”.

It said it had explored “a number of possible avenues for resolving this difference of opinion”, including offering redacted versions of the materials and “a more focused or sequential approach to the direction of the information requirements”.

“We remain hopeful and willing to agree together the best way forward.”

Inquiry chair Lady Hallett ordered the government to hand over the documents last week without any amendments, using a section 21 notice.

The tranche includes messages sent between former prime minister Mr Johnson and his fellow ministers and advisers during the pandemic, as well as diary entries.

But the Cabinet Office said today that Mr Johnson’s messages did not cover whole period the inquiry wants because he was using a new phone from May 2021.

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Rishi Sunak gives his response to speculation surrounding Boris Johnson’s messages being given to the COVID inquiry.

A government lawyer said the former prime minister had also swapped his own legal representation recently and gave “specified legal counsel permission to access an electronic record of certain WhatsApps” over the past two days.

Then on Wednesday night, Mr Johnson “invited Cabinet Office to share this information with the inquiry”.

“By working through the night, lawyers acting for Cabinet Office have now completed our review for national security and unambiguously irrelevant material and are in a separate communication providing the relevant material to the inquiry today,” it added/

What is the COVID inquiry asking for?

  • Unredacted messages sent and received by Boris Johnson between 1 January 2020 and 24 February 2022.
  • Unredacted diaries for Mr Johnson between 1 January 2020 and 24 February 2022
  • Copies of 24 unredacted notebooks filled in by Mr Johnson between 1 January 2020 and 24 February 2022
  • Unredacted messages sent and received by adviser Henry Cook between 1 January 2020 and 24 February 2022.
  • The inquiry wants messages – even from group chats – about the government response to COVID, as well as contact with a list of certain experts, ministers, civil servants and advisers

But the department wanted to note they had “not been able to verify the completeness of this material” given to them by Mr Johnson, saying it did not cover the “whole of the specified time period, but only the period from May 2021 when the former prime minister acquired a new phone”.

It added: “We have asked Boris Johnson if he will provide to us any further messages caught by the Section 21 notice.”

The inquiry confirmed on Thursday afternoon that it had received a response from the Cabinet Office.

In a short statement, it said: “At 4pm today the chair of the UK COVID public inquiry was served a copy of a claim form by the Cabinet Office seeking to commence judicial review proceedings against the chair’s ruling of 22 May 2023.”

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The Cabinet Office has reiterated its refusal to hand over some of Boris Johnson’s WhatsApp messages to the COVID inquiry

Further information will be provided at a preliminary hearing at 10.30am on 6 June, it said.

On Wednesday afternoon, Mr Johnson’s team said all the information the inquiry wanted had been passed to the Cabinet Office.

His spokesman said the ex-prime minister wanted the Cabinet Office to “urgently” hand over the material, in a move that put pressure on Rishi Sunak and the government to hand over the documents.

Responding to the judicial review, Labour’s deputy leader Angela Rayner accused Mr Sunak of undermining the inquiry and said he was “hopelessly distracted with legal ploys to obstruct the Covid Inquiry in a desperate attempt to withhold evidence”.

Read more:
Boris Johnson hands COVID material to Cabinet Office in ‘full and in unredacted form’
How Boris Johnson was ‘doorstepped’ in US – and the key question he failed to answer

“Instead of digging himself further into a hole by pursuing doomed legal battles to conceal the truth, Rishi Sunak must comply with the Covid Inquiry’s requests for evidence in full. There can be no more excuses.”

Daily Cooper, the deputy leader of the Liberal Democrats, also criticised the government’s decision, calling it a “kick in the teeth” for bereaved families.

“This cowardly attempt to obstruct a vital public inquiry is a kick in the teeth for bereaved families who’ve already waited far too long for answers.

“The government is delaying the inquiry even further and clogging up court time, all to prevent Sunak and his Conservative colleagues from having to release their messages.”

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Hadush Kebatu: CCTV images show last sightings of wanted asylum seeker after he was released from prison in error

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Hadush Kebatu: CCTV images show last sightings of wanted asylum seeker after he was released from prison in error

CCTV images have been released of a jailed asylum seeker who was accidentally freed from prison – as police detailed the last sighting of him.

Hadush Kebatu was released in error from HMP Chelmsford on Friday instead of being handed over to immigration officials for deportation – one month into a 12-month sentence.

As the manhunt continues, the images show him in the Essex town on Friday and later the same day in Dalston, east London, where he was carrying a “distinctive white bag with pictures of avocados on it”, said the Metropolitan Police.

The last sighting of Kebatu is thought to have been in Dalston CLR James Library in Dalston Square on Friday evening.

The Ethiopian national had been found guilty in September of sexually assaulting a 14-year-old girl and a woman in Epping.

His crimes while staying at The Bell Hotel in Epping sparked weeks of protests over the summer.

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Police call on public to assist on manhunt

The Met Police, which has been leading the search for Kebatu, alongside Essex Police and the British Transport Police, has made a direct appeal Kebatu to hand himself in.

He left Chelmsford train station at 12.42pm on Friday and arrived at Stratford station in east London soon after at 1.12pm.

Kebatu had since taken “a number of journeys” across London and had “access to funds”, according to Met Commander James Conway.

(L-R) Hadush Kebatu in Chelmsford on Friday and later in Dalston, east London. Pic: Met Police
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(L-R) Hadush Kebatu in Chelmsford on Friday and later in Dalston, east London. Pic: Met Police

Last sighting

The force said he was last seen shortly before 8pm on Friday evening in the Dalston area of Hackney in east London.

It has released two CCTV images of him from Friday, one in Chelmsford where he was wearing his prison-issued, grey tracksuit and holding a clear, plastic bag containing his possessions.

Hadush Kebatu was arrested in July. Pic: Crown Prosecution Service/PA
Image:
Hadush Kebatu was arrested in July. Pic: Crown Prosecution Service/PA

The other was taken in Dalston, where he was still wearing his grey tracksuit, but was carrying his belongings “in a distinctive white bag with pictures of avocados on it”.

A Met statement added: “Additional officers have been deployed to the area to carry out further searches, but we are appealing for the help of local residents to report any sightings as soon as possible.”

Mr Conway has asked for members of the public who have given assistance to Kebatu to contact them or anyone who sees him to call 999.

And in a direct appeal to Kebatu, Mr Conway added: “We want to locate you in a safe and controlled way.

“You had already indicated a desire to return to Ethiopia when speaking to immigration staff, the best outcome for you is to make contact directly with us by either calling 999 or reporting yourself to a police station.”

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Watch: Witness describes confusion outside prison

Meanwhile, a lorry driver, who was delivering equipment to Chelmsford jail on Friday, told Sky News correspondent Tom Parmenter he saw the “confused” offender outside the facility being directed by prison staff to the town’s railway station following his release.

The witness, called Sim, said Kebatu came out of the jail saying, “Where am I going? What am I doing?” and hanging around for about 90 minutes as he tried to find out where he should be going.

Sim said the offender returned to the prison “four or five times” but was turned away.

He said Kebatu knew he should be deported but the prison staff were “basically sending him away” and saying to him, “Go, you’ve been released, you go”.

Hadush Kebatu, who was jailed for two sexual assaults in Epping. Pic: Essex Police/PA
Image:
Hadush Kebatu, who was jailed for two sexual assaults in Epping. Pic: Essex Police/PA

Kebatu was spotted later in Chelmsford town centre asking for assistance before getting on a train to London.

HM Prison and Probation Service is introducing new and mandatory procedures for prisoner releases after Kebatu was mistakenly freed, Ministry of Justice sources say.

Duty governors, who are responsible for the daily secure operation of prisons, will now be required to complete additional checks the evening before a release, it is understood.

Governors will need to provide assurance that the procedure is in place on Monday, Sky News understands.

Justice Secretary David Lammy said on Friday night that Kebatu was “at large in London”. He said he was “livid on behalf of the public” and added that he had launched an investigation.

Sir Keir Starmer said he was “appalled” at the accidental release and said it was “totally unacceptable”, adding: “This man must be caught and deported for his crimes.”

A prison officer has been taken off duties to discharge prisoners while an investigation takes place.

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Lucy Powell named Labour’s new deputy leader

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Lucy Powell named Labour's new deputy leader

Former Commons leader Lucy Powell has been crowned Labour’s new deputy leader in a closely fought race against Education Secretary Bridget Phillipson.

Ms Powell received 87,407 votes to Ms Phillipson’s 73,536 – a majority of 13,871 – in a contest that was widely perceived as a referendum on Sir Keir Starmer’s popularity with the membership.

Ms Powell was seen as the “anti-Starmer” candidate given she was sacked from cabinet just last month, and centred her campaign on being an independent voice for the backbenches.

Politics live: Follow for updates as Labour names new deputy leader

Ms Phillipson was seen as Number 10’s preferred option, and she had pitched herself as the “unity candidate”, warning that voting for her opponent would result in “internal debate and divisions that leads us back to opposition”.

However speaking to Sky News’s political editor Beth Rigby following the result, Ms Powell insisted she would be a “friend” to the prime minister, adding: “I am confident we can work well together.”

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She said she was not here to “write an alternative policy platform” but rather “to make sure Labour values and beliefs are right at the heart of the conversation, and that we’re giving a really clear sense of who we’re for”.

Ms Powell’s earlier victory speech made clear where she thought Labour was going wrong, and what she would challenge the government on.

The Manchester Central MP said Labour “won’t win by trying to out-Reform Reform, but by building a broad progressive consensus”.

She said that started with “wrestling back the political megaphone” from Reform leader Nigel Farage, and “setting the agenda more strongly”.

“Let’s be honest, we’ve let Farage and his ilk run away with it. He wants to blame immigration for all the country’s problems. We reject that,” she said.

“Our diagnosis is different, that for too long the country and the economy has worked in the interests of the few, not the many.”

The reference to “for the many not the few” – the slogan during Jeremy Corbyn’s time at the helm, was not lost on his then shadow chancellor John McDonnell.

The veteran left-winger said on X: “The Labour Party members have spoken & the message is clear, they want change. It’s good to see a return to references to the Labour Party serving once more the many not the few & that Labour must not try out Reform, Reform. Our members realise a new start is desperately needed.”

‘Unwanted deputy imposed on PM’

The deputy leadership role is important as it’s the key connection between the Labour members and the upper echelons of the Labour Party.

The race was triggered by the sudden departure of Angela Rayner, after she admitted to underpaying stamp duty.

The scandal sparked a reshuffle in which Ms Powell was one of the only casualties. It makes the new partnership potentially very awkward for Sir Keir, especially as his new deputy will be free to speak out against his policies from the back benches rather than being bound by collective responsibility like Ms Phillipson.

However in a possible olive branch, Sky News understands Ms Powell will be asked to attend political cabinet meetings, even though she will not officially be a member of cabinet.

Tory chairman Kevin Hollinrake said “weak Keir Starmer” has had an unwanted deputy leader “imposed on him by the Labour Party”, adding: “The failure of the Keir Starmer candidate, Bridget Philipson, is another defeat of the prime minister’s authority.”

Turnout for the vote was low – just 16.6%, suggesting a lack of enthusiasm among party members and its affiliates.

Sir Keir congratulated Ms Powell after the results were announced, saying she “has always been a proud defender of Labour values, and that is exactly what we need at this moment”.

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PM: Powell is ‘a proud defender of Labour values’

He echoed some of her language around immigration, as he attacked the Tories for this week suggesting they supported a policy to deport people who have settled in the UK legally, something Reform UK has advocated.

“That is what we’re up against on the right of politics, a politics of division and grievance that wants to take this great country to a very dark place”, Sir Keir said.

PM warns of ‘battle for the soul of our nation’

The prime minister is under pressure as the party plummets in the polls, with many MPs on the left predicting he could be gone by May if the local elections go badly.

Sir Keir acknowledged Labour is having a difficult time after it lost the Caerphilly by-election to Plaid Cymru on Thursday.

He said it was a “bad result” and “a reminder that people need to look out their window and see change and renewal in their community, opportunities for their children, public services rebuilt, the cost of living crisis tackled”.

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Phillipson ‘disappointed to lose’

“We must unite. We must keep our focus on what is, in my view, the defining battle for the soul of our nation. I know that Lucy will do just that,” he said.

Saturday’s result is the culmination of a six week contest, with the pair having had to secure nominations from 80 MPs in the first round and then win the backing of 5% of local parties or Labour affiliated groups before making it to the final vote.

Initially six candidates entered, but it quickly became a two-horse race as only Ms Powell and Ms Phillipson reached the 80 threshold, following claims from the left of a “stitch up”.

Ms Phillipson said she was “disappointed to lose” but Ms Powell “has my full support”.

She added: “What we all need to do now is unite this party, beat Reform and secure that second term Labour government.”

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How many prisoners are released by mistake? Here are the stats as search for migrant sex offender continues

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How many prisoners are released by mistake?  Here are the stats as search for migrant sex offender continues

The manhunt for a migrant who sexually assaulted a schoolgirl, and was released from prison in error, is ongoing.

Hadush Gerberslasie Kebatu was jailed for 12 months earlier this year after he sexually assaulted a 14-year-old girl and a woman in Epping.

He had been staying in the Bell Hotel in Epping and his arrest triggered large-scale protests and disorder.

The Ethiopian national, who came to the UK on a small boat in the summer, is now being searched for by the police after he was accidentally freed on Friday.

Follow the latest updates on the manhunt

Hadush Kebatu, jailed for two sexual assaults in Epping. Pic: Essex Police / PA
Image:
Hadush Kebatu, jailed for two sexual assaults in Epping. Pic: Essex Police / PA

How many prisoners are released in error?

According to government statistics published in July, 262 prisoners were released in error in the 12 months to March 2025 – a 128% increase from 115 the previous year.

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The report states: “Of the 262 releases in error, 233 of these releases in error occurred from prison establishments, while 29 were released in error at the courts.

“Releases in error from establishments could also be a result of errors by the court.”

This is out of a total prison population across England and Wales of roughly 86,000.

Sky News has contacted the HM Prison & Probation Service to know how many of the 262 prisoners have since been found and returned to custody.

In September 2024, Sky News reported how dozens of people released from jail under the government’s emergency prison scheme were freed by mistake.

The Labour government said it was forced to release hundreds of inmates early because prisons were at capacity.

William Fernandez. Pic: PA
Image:
William Fernandez. Pic: PA

Kebatu, who is thought to be in the London area, was due to be deported when he was mistakenly released from HMP Chelmsford on Friday.

Previous high-profile manhunts

William Fernandez, who was awaiting trial for sexual assault, was released from HMP Wormwood by error in March 2021. He then went on to rape a 16-year-old girl and sexually assault a young woman.

Joseph McCann. Pic: Police handout
Image:
Joseph McCann. Pic: Police handout

In December 2019, the prisons and probation service “apologised unreservedly” after serial rapist Joseph McCann was freed to commit a series of sex attacks on women and children.

In July 2017, an inmate who was released from prison just months into a nine-year sentence due to a “clerical error” was arrested after weeks on the run.

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