The chair of the COVID inquiry says it is up to her to decide what evidence is “relevant or potentially relevant” amid a legal row with the government over Boris Johnson’s WhatsApp messages.
Baroness Hallett said she refused to withdraw her order for the government to hand over unredacted material for her investigation as she formally opened the COVID inquiry on Tuesday.
It comes just days after the government launched a judicial review over her order to the Cabinet Office that it hand over Mr Johnson’s unredacted WhatsApp messages, diary entries and other documents.
The former prime minister has already sent “all unredacted WhatsApps” directly to the inquiry.
Acknowledging the legal battle, Baroness Hallett said: “As has been widely reported in the media, an issue has arisen between the inquiry and the Cabinet Office as to who decides what is relevant or potentially relevant.
“I issued a notice under Section 21 of the Inquiries Act 2005 making it clear that, in my view, it is for the inquiry chair to decide what is relevant or potentially relevant.”
She continued: “The Cabinet Office disagrees, claiming they are not obliged to disclose what they consider to be unambiguously irrelevant material. They invited me to withdraw the Section 21 notice. I declined.
“They are now challenging my decision to decline to withdraw the notice in the High Court by way of judicial review.
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“With litigation pending and as the decision-maker, I can make no further comment.”
In its reasoning for launching the judicial review, the government said it had done so with “regret” but that “important issues of principle” were at stake around privacy.
It also questioned whether Baroness Hallett had “the power to compel production of documents and messages which are unambiguously irrelevant to the inquiry’s work”, and argued that requesting such material “represents an unwarranted intrusion into other aspects of the work of government”.
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0:13
‘Never interview here!’ Johnson’s edict
Ministers have confirmed that they expect an expedited High Court hearing to take place on or shortly after 30 June.
But Mr Johnson decided to bypass the Cabinet Office last week by sending “all unredacted WhatsApps” directly to the COVID inquiry, saying he was “perfectly content” for the material to be inspected.
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.
Hugo Keith KC, a counsel for the inquiry, told Baroness Hallett that Mr Johnson’s unredacted WhatsApp messages and notebooks were going to be compared with redacted copies provided by the Cabinet Office and that the inspection would begin this week.
He said the inspection “will allow your team to make its own assessment as to the redactions applied by the Cabinet Office and to satisfy ourselves and ultimately you of their appropriateness or otherwise”.
Mr Johnson’s locked former phone has also been handed to the government with the hope of obtaining his messages before May 2021, Mr Keith said.
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2:42
COVID Inquiry: Govt launch legal bid
“Neither Mr Johnson nor the inquiry has the technical expertise to ensure the contents of the phone can be downloaded safely and properly, particularly bearing in mind the overarching need to ensure no damage is done to national security.
“We have therefore agreed that this phone should be provided to the appropriate personnel in government for its contents to be downloaded.
“We have asked the Cabinet Office, in liaison with Mr Johnson and those government personnel, to obtain the phone without delay, to confirm in writing the process by which it will be examined and to give confirmation that it, like the diaries and the notebooks and the WhatsApps, will be accessed fully.
“That is to say, there will be no redactions made to the contents, other than in relation to national security, before we may view it.”
As well as receiving material from Mr Johnson, the inquiry has also received documents with redactions from two other individuals.
It said the Foreign Office had also supplied the inquiry with potentially relevant WhatsApps from two special advisers, with extensive redactions applied to parts that it deemed to be irrelevant.
By contrast, Mr Keith said the Department of Health and Social Care had provided a “much fuller disclosure”, including messages from Matt Hancock, who was health secretary during the pandemic.
“We would of course invite the Foreign Office the Cabinet Office to pay close regard to the position adopted by the DHSC,” he said.
So far the inquiry has issued 38 requests to government departments and other bodies, 11 to regional mayors and 12 to ministers including former prime minister Liz Truss, former deputy prime minister Dominic Raab, Business Secretary Kemi Badenoch and Levelling Up Secretary Michael Gove.
Following this morning’s preliminary hearing, Rishi Sunak’s official spokesman said the government was “willing to agree another way forward” when asked whether it wanted to proceed with legal action.
“Obviously we have explored other possibilities for resolution previously. So obviously we continue to speak to the inquiry. And as I say, we are willing to agree another way forward.”
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.
Image: (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.
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”.
Image: 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.
Image: 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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1:23
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.
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.
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.”
Image: 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.”
Image: 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.
Image: 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.
Image: 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.
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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.