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The Cabinet Office has lost its legal bid to withhold Boris Johnson’s unredacted WhatsApp messages and notebooks from the COVID-19 Inquiry.

Inquiry chair Baroness Hallett issued an order – known as a section 21 notice – for the government to release the former prime minister’s documents in May.

The Cabinet Office argued some of the content was “unambiguously irrelevant” and brought a judicial review against the notice.

But in a judgement published on Thursday, the High Court ruled while “some irrelevant documents” may be included in the material requested, that “does not invalidate the notice or mean that the section 21 cannot be lawfully exercised”.

It dismissed the Cabinet Office’s claim for judicial review, but said but said the department could make a different application to Baroness Hallett.

The material must now be handed to the inquiry by 4pm on Monday.

The government said it will “comply fully” with the High Court judgment.

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A spokesperson said: “The inquiry is an important step to learn lessons from the pandemic and the government is cooperating in the spirit of candour and transparency.

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“As this judgment acknowledges, our judicial review application was valid as it raised issues over the application of the Inquiries Act 2005 that have now been clarified.

“The court’s judgment is a sensible resolution and will mean that the inquiry chair is able to see the information she may deem relevant, but we can work together to have an arrangement that respects the privacy of individuals and ensures completely irrelevant information is returned and not retained.”

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‘Flu pandemics prioritised over others’

‘A humiliating defeat’

Responding to the ruling, Labour’s Deputy Leader Angela Rayner said: “While the rest of the country battles the cost-of-living crisis, Rishi Sunak has been wasting time and taxpayers’, money on doomed legal battles to withhold evidence from the COVID Inquiry.

“After this latest humiliating defeat, the prime minister must accept the ruling and comply with the inquiry’s requests for evidence in full.

Deborah Doyle, spokesperson for COVID-19 Bereaved Families for Justice UK, said the judicial review lodged by the government “was a desperate waste of time and money”.

“The inquiry needs to get to the facts if the country is to learn lessons that will save lives in the future,” she said. “That means it needs to be able to access all of the evidence, not just what the Cabinet Office wants it to see.

“A successful inquiry could save thousands of lives in the event of another pandemic, and it’s a disgrace that the Cabinet Office is trying to obstruct it. Any attempt to appeal this decision or hinder its work further would be utterly shameful.”

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‘Pandemic planning was inadequate’

In their ruling, Lord Justice Dingemans and Mr Justice Garnham concluded Baroness Hallett had “acted rationally” when making her order.

Addressing the concern that unrelated material could be seen by the inquiry, the two judges noted that the Cabinet Office could make an application arguing “that it is unreasonable to produce material which does not relate to a matter in question at the inquiry” – and that it would be for the chair to “rule on that application”.

Throughout the process, Mr Johnson backed the COVID inquiry’s attempts to see his unredacted messages, saying he “no objections” to the inquiry seeing his entire back catalogue of communications.

In June he decided to bypass the Cabinet Office by sending “all unredacted WhatsApps” directly to the COVID inquiry, saying he was “perfectly content” for the material to be inspected.

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The former prime minister said he would “like to do the same” with texts that are on an old mobile phone he stopped using due to security concerns in May 2021 – more than a year after the pandemic began.

He said he had asked the government for its help to turn on the device securely to hand over the material.

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Twelve British soldiers injured in major traffic pile-up in Estonia – local media

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Twelve British soldiers injured in major traffic pile-up in Estonia - local media

Twelve British soldiers were injured in a major traffic pile-up in Estonia, close to the border with Russia, local media have reported.

Eight of the troops – part of a major NATO mission to deter Russian aggression – were airlifted back to the UK for hospital treatment on Sunday after the incident, which happened in snowy conditions on Friday, it is understood.

Five of these personnel have since been discharged with three still being kept in the military wing of the Queen Elizabeth Hospital in Birmingham.

The crash happened at an intersection at around 5pm on Friday when the troops were travelling in three minibuses back to their base at Tapa.

Two civilian cars, driven by Estonians, are thought to have collided, triggering a chain reaction, with four other vehicles – comprising the three army Toyota minibuses and a third civilian car – piling into each other.

According to local media reports, the cars that initially collided were a Volvo S80, driven by a 37-year-old woman and a BMW 530D, driven by a 62-year-old woman.

The Estonian Postimees news site reported that 12 British soldiers were injured as well as five civilians. They were all taken to hospital by ambulance.

The British troops are serving in Estonia as part of Operation Cabrit, the UK’s contribution to NATO’s “enhanced forward presence” mission, which spans nations across the alliance’s eastern flank and is designed to deter attacks from Russia.

Around 900 British troops are deployed in Estonia, including a unit of Challenger 2 tanks.

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A spokesperson for the Ministry of Defence said: “Several British soldiers deployed on Operation CABRIT in Estonia were injured in a road traffic incident last Friday, 22nd November.

“Following hospital treatment in Estonia, eight personnel were flown back to the UK on an RAF C-17 for further treatment.

“Five have since been discharged and three are being cared for at the Royal Centre for Defence Medicine, Queen Elizabeth Hospital Birmingham. We wish them all a speedy recovery.”

Defence Secretary John Healey said: “Following the road traffic incident involving British personnel in Estonia, my thoughts are with all those affected, and I wish those injured a full, swift recovery.

“Thanks to the Royal Centre for Defence Medicine at Queen Elizabeth Hospital Birmingham for their excellent care.”

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Egypt: Two Britons believed to be among 16 missing as tourist boat sinks after being ‘hit by large wave’

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Egypt: Two Britons believed to be among 16 missing as tourist boat sinks after being 'hit by large wave'

Two Britons are believed to be among more than a dozen people missing after a boat sank in the Red Sea off the Egyptian coast.

The yacht, called Sea Story, had 44 people on board, including 31 tourists of varying nationalities and 13 crew.

Authorities are searching for 16 people, including 12 foreign nationals and four Egyptians, the governor of the Red Sea region said, adding that 28 other people had been rescued.

Preliminary reports suggested a sudden large wave struck the vessel, capsizing it within about five minutes, governor Amr Hanafi said.

“Some passengers were in their cabins, which is why they were unable to escape,” he added in a statement.

Pic: STR/EPA-EFE/Shutterstock

More than dozen missing after tourist boat sinks off Red Sea in Egypt, Marsa Alam - 25 Nov 2024
Survivors of the sinking boat rest at a harbor in Marsa Alam, Red Sea Governorate, in Egypt 25 Novermber 2024.
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Survivors rescued from the Sea Story in Marsa Alam. Pic: STR/EPA-EFE/Shutterstock

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Passengers rescued from sunken tourist boat

The people who were rescued only suffered minor injuries such as bruises and scrapes with none needing hospital treatment.

A Foreign, Commonwealth and Development office spokesperson said: “We are providing consular support to a number of British nationals and their families following an incident in Egypt and are in contact with the local authorities.”

The foreign nationals aboard the 34-metre-long vessel, owned by an Egyptian national, included Americans, Belgians, British, Chinese, Finns, Germans, Irish, Poles, Slovakians, Spanish, and Swiss.

Sea Story had no technical problems, obtained all required permits before the trip, and was last checked for naval safety in March, according to officials.

The four-deck, wooden-hulled motor yacht was part of a multi-day diving trip when it went down near the coastal town of Marsa Alam following warnings about rough weather.

Egypt map

Officials said a distress call was received at 5.30am local time on Monday.

The boat had left Port Ghalib in Marsa Alam on Sunday and was scheduled to reach its destination of Hurghada Marina on 29 November.

The Sea Story was carrying 45 people according to a statement by the Red Sea Governorate.
Pic: Dive Pro Liveaboard
Image:
The Sea Story had 44 people on board. File pic: Dive Pro Liveaboard

Some survivors had been airlifted to safety on a helicopter, officials said.

The firm that operates the yacht, Dive Pro Liveaboard in Hurghada, said it has no information on the matter.

According to its maker’s website, the Sea Story was built in 2022.

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The incident comes after the Egyptian Meteorological Authority issued a warning on Saturday about turbulence and high waves on the Red Sea.

The organisation had advised against maritime activity for Sunday and Monday.

Some tourist companies have stopped or limited operations on the Red Sea due to the potential dangers from conflicts in the region.

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Prosecutors file to drop 2020 presidential election interference charges against Trump

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Prosecutors file to drop 2020 presidential election interference charges against Trump

A motion has been filed to drop the charges against Donald Trump of plotting to overturn the 2020 US presidential election result.

Mr Trump was first indicted on four felonies in August 2023: Conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and an attempt to obstruct an official proceeding, and conspiracy against rights.

The president-elect pleaded not guilty to all charges and the case was then put on hold for months as Mr Trump’s team argued he could not be prosecuted.

U.S. Special Counsel Jack Smith looks on as he makes a statement to reporters after a grand jury returned an indictment of former U.S. President Donald Trump in the special counsel's investigation of efforts to overturn his 2020 election defeat, at Smith's offices in Washington, U.S. August 1, 2023. REUTERS/Kevin Wurm TPX IMAGES OF THE DAY
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Special Counsel Jack Smith. Pic: Reuters

Donald Trump supporters storm the US Capitol
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Donald Trump supporters storm the US Capitol

On Monday, prosecutors working with special counsel Jack Smith, who had led the investigation, asked a federal judge to dismiss the case over long-standing US justice department policy, dating back to the 1970s, that presidents cannot be prosecuted while in office.

It marks the end of the department’s landmark effort to hold Mr Trump accountable for the attack on the US Capitol on 6 January 2021 when thousands of Trump supporters assaulted police, broke through barricades, and swarmed the Capitol in a bid to prevent the US Congress from certifying Joe Biden’s 2020 election victory.

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In winning the White House, he avoids the so-called ‘big house’.

Whether or not prison was a prospect awaiting Donald Trump is a moot point now, as he now enjoys the protection of the presidency.

The delay strategy that he pursued through a grinding court process knocked his federal prosecution past the election date and when his numbers came up, he wasn’t going down.

Politically, and legally, he has played a blinder.

Read more analysis from James Matthews here

Mr Smith’s team had been assessing how to wind down both the election interference case and the separate classified documents case in the wake of Mr Trump’s election victory over vice president Kamala Harris earlier this month, effectively killing any chance of success for the case.

In court papers, prosecutors said “the [US] Constitution requires that this case be dismissed before the defendant is inaugurated”.

They said the ban [on prosecuting sitting presidents] “is categorical and does not turn on the gravity of the crimes charged, the strength of the government’s proof, or the merits of the prosecution, which the government stands fully behind”.

Mr Trump, who has said he would sack Mr Smith as soon as he takes office in January, and promised to pardon some convicted rioters, has long dismissed both the 2020 election interference case and the separate classified documents case as politically motivated.

Trump supporters try to break through a police barrier at the Capitol in Washington
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Trump supporters try to break through a police barrier at the Capitol in Washington. Pic: AP

He was accused of illegally keeping classified papers after leaving office in 2021, some of which were allegedly found in his Mar-a-Lago home in Florida.

The election interference case stalled after the US Supreme Court ruled in July that former presidents have broad immunity from prosecution, which Mr Trump’s lawyers exploited to demand the charges against him be dismissed.

Mr Smith’s request to drop the case still needs to be approved by US District Judge Tanya Chutkan.

No date had been set for a trial.

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At least 1,500 cases have been brought against those accused of trying to overthrow the election result on 6 January 2021, resulting in more than 1,100 convictions, the Associated Press said.

More than 950 defendants have been sentenced and 600 of them jailed for terms ranging from a few days to 22 years.

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