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Written question asked by Lord Marlesford (Conservative), in the House of Lords. It was answered by Lord Goldsmith (Labour) on Thursday, 27 October 2005.

Iraq: Prosecution of Trooper Williams

Question
In the case of Trooper Williams, on which date or    dates (a) the Attorney-General asked the Director of Public Prosecutions to consider the case; (b) Corporal Blair made each of his three statements to the Metropolitan Police; (c) the transcripts of each of the three statements of Corporal Blair were seen by the Director of Public Prosecutions and the Attorney-General respectively; (d) the Director of Public Prosecutions decided that Corporal Williams should be charged with murder; (e) Mrs Justice Hallett heard the case and gave her judgment; (f) the Director of Public Prosecutions informed the Attorney-General that he had concluded that there was no longer a realistic prospect of conviction; and (g) the decision was announced not to offer any evidence against Trooper Williams.
Answer

The case papers were formally referred by me to the Crown Prosecution Service (CPS) on 6 May 2004, with a request that they consider whether a prosecution should be instituted against Trooper Williams for murder or manslaughter.Corporal Blair made statements to Army investigators on 5 August and 21 August 2003. He was interviewed by the Metropolitan Police Service, on 27 July 2004. A further statement was drawn from that interview, dated 28 July 2004.I saw the statements of 5 and 21 August 2003 on 5 May 2004. I also saw the statement of 28 July 2004 on 21 September 2004. I did not see the transcript of the interview that was the basis of that statement until 14 March 2005.The DPP saw the first two statements on 12 May 2004. He saw the third statement on a date unknown, before the decision to prosecute was taken. Records indicate that the transcript of the interview was first formally received into his private office on or about 21 February 2005 but the DPP believes that he discussed this material with counsel prior to 21 February 2005 on a date unknown. The DPP did not, however, see the transcript of the interview until well after the decision to prosecute had been taken.The decision to prosecute was formally made by a senior crown prosecutor, not the DPP, although he concurred in it. She decided that there was sufficient evidence to prosecute Trooper Williams and that it was in the public interest to do so on 25 August 2004.An abuse of process hearing was held over two days on 21 and 22 February 2005. Mrs Justice Hallett gave her judgment rejecting the defence argument on 23 February 2005.The DPP informed me that he had nevertheless concluded that there was no longer a realistic prospect of a conviction on 15 March 2005. He repeated that advice at a meeting on 4 April 2005.The decision to offer no evidence was announced in court on 7 April 2005.

Secondary information

Type
Written question
Reference
1713; 674 c197-8WA
Session
2005-06
Subjects
Armed forces Crown Prosecution Service Attorney General Civilians Homicide Iraq Prosecutions Peacekeeping operations Williams, Kevin
Link
View this Written question on www.publications.parliament.uk