COVID inquiry: Government seeks judicial review over order to hand over Boris Johnson WhatsApp messages
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.
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/
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”.
“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.”
The man convicted of the murder of British student Meredith Kercher has been charged with sexual assault against an ex-girlfriend.
Rudy Guede, 38, was the only person who was definitively convicted of the murder of 21-year-old Ms Kercher in Perugia, Italy, back in 2007.
He will be standing trial again in November after an ex-girlfriend filed a police report in the summer of 2023 accusing Guede of mistreatment, personal injury and sexual violence.
Guede, from the Ivory Coast, was released from prison for the murder of Leeds University student Ms Kercher in 2021, after having served about 13 years of a 16-year sentence.
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Since last year – when this investigation was still ongoing – Guede has been under a “special surveillance” regime, Sky News understands, meaning he was banned from having any contact with the woman behind the sexual assault allegations, including via social media, and had to inform police any time he left his city of residence, Viterbo, as ruled by a Rome court.
Guede has been serving a restraining order and fitted with an electronic ankle tag.
The Kercher murder case, in the university city of Perugia, was the subject of international attention.
Ms Kercher, a 21-year-old British exchange student, was found murdered in the flat she shared with her American roommate, Amanda Knox.
The Briton’s throat had been cut and she had been stabbed 47 times.
(L-R) Raffaele Sollecito, Meredith Kercher and Amanda Knox. File pic: AP
Ms Knox and her then-boyfriend, Raffaele Sollecito, were placed under suspicion.
Both were initially convicted of murder, but Italy’s highest court overturned their convictions, acquitting them in 2015.
World
IDF blames ‘technical error’ after Gaza officials say children collecting water killed in strike
The Israeli military says it missed its intended target after Gaza officials said 10 Palestinians – including six children – were killed in a strike at a water collection point.
Another 17 people were wounded in the strike on a water distribution point in Nuseirat refugee camp, said Ahmed Abu Saifan, an emergency physician at Al Awda Hospital.
The Israel Defence Forces (IDF) said it had intended to hit an Islamic Jihad militant but a “technical error with the munition” had caused the missile to fall “dozens of metres from the target”.
The IDF said the incident is under review, adding that it “works to mitigate harm to uninvolved civilians as much as possible” and “regrets any harm to uninvolved civilians”.
A wounded child is treated after the strike on the water collection point. Pic: Reuters
Officials at Al Awda Hospital said it received 10 bodies after the Israeli strike on the water collection point and six children were among the dead.
Ramadan Nassar, who lives in the area, said around 20 children and 14 adults were lined up Sunday morning to fill up water.
When the strike occurred, everyone ran and some, including those who were severely injured, fell to the ground, he said.
Blood stains are seen on containers at the water collection point. Pic: Reuters
In total, 19 people were killed in Israeli strikes in the Gaza Strip on Sunday, local health officials said.
Two women and three children were among nine killed after an Israeli strike on a home in the central town of Zawaida, officials at Al Aqsa Martyrs Hospital said.
Israel has claimed it hit more than 150 targets in the besieged enclave in the past day.
The latest strikes come after the Israel military opened fire near an aid centre in Rafah on Saturday. The Red Cross said 31 people were killed.
The IDF has said it fired “warning shots” near the aid distribution site but it was “not aware of injured individuals” as a result.
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Palestinians shot while seeking aid, says paramedic
The war in Gaza started in response to Hamas’s attack on Israel on 7 October 2023, which killed 1,200 people and saw about 250 taken hostage.
More than 58,000 Palestinians have since been killed, with more than half being women and children, according to Gaza’s health ministry, which does not distinguish between civilians and combatants in its count.
Read more:
Palestinians shot while seeking aid, says paramedic
Dozens of MPs call for UK to recognise Palestine as state
US President Donald Trump has said he is closing in on another ceasefire agreement that would see more hostages released and potentially wind down the war.
But after two days of talks this week with Israeli Prime Minister Benjamin Netanyahu, there were no signs of a breakthrough, as a new sticking point emerged over the deployment of Israeli troops during the truce.
Hamas still holds 50 hostages, with fewer than half of them believed to be alive, after most of the rest were released in ceasefire agreements or other deals.
World
‘At least 59 killed’ in Gaza after Israeli military opens fire near aid centre and carries out strikes
At least 59 Palestinians have reportedly been killed after the Israeli military opened fire near an aid centre in Gaza and carried out strikes across the territory.
The Red Cross, which operates a field hospital in Rafah, said 25 people were “declared dead upon arrival” and “six more died after admittance” following gunfire near an aid distribution centre in the southern Gazan city.
The humanitarian organisation added that it also received 132 patients “suffering from weapon-related injuries” after the incident.
The Red Cross said: “The overwhelming majority of these patients sustained gunshot wounds, and all responsive individuals reported they were attempting to access food distribution sites.”
The organisation said the number of deaths marks the hospital’s “largest influx of fatalities” since it began operations in May last year.
The IDF has said it fired “warning shots” near the aid distribution site but it was “not aware of injured individuals” as a result.
It said in a statement: “Earlier today, several suspects were identified approaching IDF troops operating in the Rafah area, posing a threat to the troops, hundreds of metres from the aid distribution site.
“IDF troops operated in order to prevent the suspects from approaching them and fired warning shots.”
Palestinians mourn a loved one following the incident near the aid centre. Pic: Reuters
Mother’s despair over shooting
Somia Alshaar told Sky News her 17-year-old son Nasir was shot dead while visiting the aid centre after she told him not to go.
She said: “He went to get us tahini so we could eat.
“He went to get flour. He told me ‘mama, we don’t have tahini. Today I’ll bring you flour. Even if it kills me, I will get you flour’.
“He left the house and didn’t return. They told me at the hospital: your son…’Oh God, oh Lord’.”
Asked where her son was shot, she replied: “In the chest. Yes, in the chest.”
Somia Alshaar, pictured with her daughter, says her son was shot dead. Pic: Reuters
‘A policy of mass murder’
Hassan Omran, a paramedic with Gaza’s ministry of health, told Sky News after the incident that humanitarian aid centres in Gaza are now “centres of mass death”.
Speaking in Khan Younis, he said: “Today, there were more than 150 injuries and more than 20 martyrs at the aid distribution centres… the Israeli occupation deliberately kills and commits genocide. The Israeli occupation is carrying out a policy of mass murder.
“They call people to come get their daily food, and then, when citizens arrive at these centres, they are killed in cold blood.
“All the victims have gunshot wounds to the head and chest, meaning the enemy is committing these crimes deliberately.”
Israel has rejected genocide accusations and denies targeting civilians.
Two boys mourn their brother at Nasser Hospital in Khan Younis. Pic: Reuters
‘Lies being peddled’
The Gaza Humanitarian Foundation (GHF), the controversial US and Israeli-backed group which operates the distribution centre near Rafah, said: “Hamas is claiming there was violence at our aid distribution sites today. False.
“Once again, there were no incidents at or in the immediate vicinity of our sites.
“But that’s not stopping some from spreading the lies being peddled by ‘officials’ at the Hamas-controlled Nasser Hospital.”
The Red Cross said its field hospital in Rafah has recorded more than 250 fatalities and treated more than 3,400 “weapon-wounded patients” since new food distribution sites were set up in Gaza on 27 May.
Read more:
‘At least 798 killed’ at Gaza aid points
’10 children killed’ waiting for Gaza health clinic to open
Israel says permanent ceasefire ‘questionable’
Palestinians inspect the wreckage after an Israeli airstrike in Deir al Balah. Pic: AP
It comes after four children and two women were among at least 13 people who died in Deir al Balah, in central Gaza, after Israeli strikes pounded the area starting late on Friday, officials in Al Aqsa Martyrs hospital in the territory said.
Fifteen others died in Israeli airstrikes in Khan Younis, in southern Gaza, according to Nasser Hospital.
The Israel Defense Forces (IDF) has not responded to a request for comment on the reported deaths.
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Israeli has been carrying out attacks in Gaza since Hamas-led militants killed some 1,200 people and took 251 hostages on 7 October 2023.
Hamas still holds 50 hostages, with fewer than half of them believed to be alive, after most of the rest were released in ceasefire agreements or other deals.
Israel’s offensive in Gaza has killed more than 57,000 Palestinians, more than half of them women and children, according to Gaza’s health ministry, which does not distinguish between civilians and combatants in its count.
US President Donald Trump has said he is closing in on another ceasefire agreement that would see more hostages released and potentially wind down the war.
But after two days of talks this week with Israeli Prime Minister Benjamin Netanyahu, there were no signs of a breakthrough.
Keep up with all the latest news from the UK and around the world by following Sky News
The latest fatalities in Gaza comes as a 20-year-old Palestinian-American man was beaten to death by settlers in the Israeli-occupied West Bank on Friday, the Palestinian Health ministry said.
Sayafollah Musallet, also known as Saif, was killed during a confrontation between Palestinians and settlers in Sinjil, north of Ramallah, the ministry said.
A second man, Hussein Al-Shalabi, 23, died after being shot in the chest.
Mr Musallet’s family, from Tampa Florida, has called on the US State Department to lead an “immediate investigation”.
A State Department spokesperson said it was aware of the incident but it had no further comment “out of respect for the privacy of the family and loved ones” of the reported victim.
The Israeli military said the confrontation broke out after Palestinians threw rocks at Israelis, lightly injuring them.
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