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Baha Mousa Inquiry declines to order disclosure of AG’s advice

01/04/10

Sir William Gage, the Chairman of the Baha Mousa Public Inquiry, has ruled that he will not order disclosure of an advice by the then Attorney General, Lord Goldsmith, on the applicability of the European Convention on Human Rights to the British Army's operations in Iraq during Op Telic. He agreed with the Ministry of Defence's submissions that the advice was still legally privileged, there having been no collateral waiver of privilege nor loss of confidentiality in the advice. He further held that, were it not for the privileged status of the advice, he would have ordered its production.

The judgment is here.

Charles Hollander QC and Victoria Wakefield appeared for the Ministry of Defence.