Al-Sweady: High Court delivers damning judgment of the conduct of the MoD and its principal witness

On Friday 2 October 2009 a further judgment was handed down in Al-Sweady, criticising the MoD's "persistent and repeated failure" to comply with its duties of disclosure (its duty to provide the claimants and the court with documents relevant to the claim that are in its posession).

The Court goes on to criticise the evidence of the MoD's principal witness, who is described as "a most unsatisfactory witness" whose evidence was "seriously flawed". The Court recommends to future courts dealing with his evidence that they "should approach his evidence with the greatest of caution".

The judgment brings to an end the present stage of these proceedings, now adjourned following the Secretary of State's historic concession to carrry out the open and independent investigation long sought by the Claimants. On 16 September 2009 the parties return to court to hear the naming of the judge who will preside over the public inquiry into the dannyboy incident. After nearly two years of denying the claimants the investigation that they seek, an independent investigation may now take place.

See the links on this page for press coverage of the judgment.