No appeal against July 7 inquest ruling

MI5’s argument that the coroner for the July 7 inquests has powers to hold closed sessions to hear top secret evidence was dismissed as “hopeless” by a senior judge last month.

The coroner, Lady Justice Hallett, had rejected calls from MI5 and Mrs May for the families of those killed in the 2005 London bombings to be excluded from hearings while she examines highly sensitive intelligence material.

Lord Justice Maurice Kay and Lord Justice Stanley Burnton agreed with Lady Justice Hallett’s interpretation of Rule 17 of the Coroners Rules 1984, which allows a coroner to exclude the public from hearings in the interests of national security.

But they said this does not include “interested persons” who are legally entitled to be represented at an inquest, such as the relatives of the 52 victims of the London bombings.

Lord Justice Stanley Burnton noted that agreeing to the Home Secretary’s argument that the coroner could choose who to exclude from closed hearings would involve “rewriting Rule 17”.

Many witnesses have been through the ordeal of giving evidence, and I am sure would not wish to repeat that experience. Lady Justice Hallett

He said: “The contention that the coroner has an implied power to hold secret sessions when she considers that it would be in the interests of national security to do so is hopeless.

“Rule 17 prescribes the power of the coroner in such circumstances.”

Government options

The Government could now employ rarely-used powers to transform part of the inquest into a public inquiry, which could examine the secret documents in closed hearings.

Section 17A of the Coroners Act 1988, as amended in 1999, gives the Lord Chancellor power to adjourn an inquest if the death is being investigated by a public inquiry.

But Lady Justice Hallett has warned that adopting this route could lead to lengthy delays and extra heartache for the bereaved families and survivors of the attacks.

“If the decision was taken to announce a judicial inquiry, it should not be thought that I can move seamlessly into the role of inquirer,” she said.

“There remains a very real possibility that these inquests would have to be adjourned and the whole process restarted – I emphasise the word ‘restarted’, not ‘resumed’ – at a much later date under a different person.

“The bereaved families and survivors have waited over five years since the bombings and I have promised them an end to these proceedings by next spring.

“Many witnesses have been through the ordeal of giving evidence, and I am sure would not wish to repeat that experience.

“The families have had to suffer the distressing experience of hearing witnesses speak of the deaths of their loved ones in all too graphic terms. They would not wish to relive that experience.

“And of course there is the question of the considerable quantity of public resources expended so far.”

Unanswered questions

The inquests into the deaths of the 52 innocent people murdered in the 2005 attacks in London are examining alleged failings by police and MI5.

Bereaved families want to ask intelligence officials why they did not follow up plot ringleader Mohammed Sidique Khan and his right-hand man, Shehzad Tanweer, after surveillance officers watched them meeting known terror suspects 17 months before the bombings.

MI5 argues this is both unnecessary and impossible because doing so would require the disclosure of top-secret files.

The co-ordinated attacks on three Tube trains and a bus launched on July 7 2005 by suicide bombers Khan, 30, Tanweer, 22, Hasib Hussain, 18, and Jermaine Lindsay, 19, were the worst single terrorist atrocity on British soil.

The inquest at the Royal Courts of Justice in London is now in its ninth week and is expected to last five months.