Former KGB spy Alexander Litvinenko: William Hague wins secrecy fight over inquest

High Court judges counter coroner's call to reveal details of protected documents

Foreign Secretary William Hague today won a ruling to keep documents relating to the death of former KGB spy Alexander Litvinenko out of the public domain ahead of a proposed inquest.

Sir Robert Owen, the coroner presiding over the inquest into Mr Litvinenko's murder, ruled earlier this year that a cache of Government papers concerning matters of relating to the death could not be withheld on grounds of national security.

But the High Court yesterday overturned Sir Robert's ruling that the documents should not be the subject of a Public Interest Immunity (PII) certificate and said the coroner had failed to give sufficient weighting to the decision by the Foreign Office to keep the information secret.

The inquest into Mr Litvinenko's death by poisoning with radioactive polonium in a London hotel in November 2006 is the subject of an ongoing wrangle over whether it will be able to fully consider any role played by the Russian state in the killing.

The Government earlier this year ruled out a full public inquiry into the death after Sir Robert ruled that his inquest had been granted insufficient access to information to explore the full circumstances of Mr Litvinenko's poisoning. Ministers said the inquest could still provide a satisfactory inquiry.

Sir Robert has subsequently argued that the secret material held by the Foreign Office is necessary for a "fair and meaningful" inquest.

But lawyers acting on behalf of Mr Hague used judicial review proceedings to argue that the documents are "sensitive to the highest degree" and public disclosure would damage the national interest.

Lord Justice Goldring, sitting with two other judges, yesterday sided with the Foreign Office and declared the material must remain secret.

Quashing the coroner's decision to reveal it, the judge said: "I am driven to the conclusion that the weight the coroner gave to the views of the Secretary of State was insufficient and amounted to an error of law."

The judge, sitting with Lord Justice Treacy and Mr Justice Mitting, said the issues raised by the case "concerned the risk of significant damage to national security" and added: "Nothing we have decided reduces the importance of open justice."

The coroner is considering whether to appeal.

Mr Litvinenko, 43, a Russian dissident and former KGB agent, was poisoned polonium-210 while drinking tea during a meeting with former Russian security service colleagues at the Millennium Hotel in Grosvenor Square, London. He died three weeks later.

Mr Litvinenko's widow Marina and his son Anatoly have alleged that he was killed by the Russian state and was also an agent with Britain's MI6 at the time of his death. Russia has denied any involvement in the killing.

Mrs Litvinenko said through her lawyers that she was "disappointed but not surprised" by today's ruling and she was "gathering her strength" for what might be her last attempt "to see the truth emerge about the Russian state's responsibility" for her husband's death.

This will take the form of another application for judicial review - this time brought by her, challenging the Government's refusal to grant the coroner powers "to take account of secret closed material and convert the inquest into a public inquiry".

Ben Emmerson QC, for Mrs Litvinenko, told the judges that every stage of the legal process so far had left her "with increasing concern that the truth of the position about the Russian state's responsibility may not in due course be established by these proceedings".

The widow took "considerable comfort" from the fact that the closed material had been considered "by three senior judges wholly independent of the Government" who had put their conclusions in an open judgment for all to see.

A spokesman for the coroner said Sir Robert would now "reflect carefully" on the court's PII decision.

PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebookA unique anthology of reporting and analysis of a crucial period of history
News
newsBear sweltering in zoo that reaches temperatures of 40 degrees
Arts and Entertainment
Brendan O'Carroll has brought out his female alter-ego Agnes Brown for Mrs Brown's Boys D'Movie
filmComedy holds its place at top of the UK box office
News
Ian Thorpe has thanked his supporters after the athlete said in an interview that he is gay
people
Arts and Entertainment
Professor Kathy Willis will showcase plants from the Royal Botanic Gardens at Kew
radioPlants: From Roots to Riches has been two years in the making
Arts and Entertainment
TV The follow-up documentary that has got locals worried
Arts and Entertainment
Eminem's daughter Hailie has graduated from high school
music
Arts and Entertainment
Original Netflix series such as Orange Is The New Black are to benefit from a 'substantial' increase in investment
TVHoax announcement had caused outrage
Life and Style
Swimsuit, £245, by Agent Provocateur
fashion

Diving in at the deep end is no excuse for shirking the style stakes

News
One Direction star Harry Styles who says he has no plans to follow his pal Cara Delevingne down the catwalk.
peopleManagement confirms rumours singer is going it alone are false
Arts and Entertainment
Curtain calls: Madani Younis
theatreMadani Younis wants the neighbourhood to follow his work as closely as his audiences do
Arts and Entertainment
'Deep Breath' is Peter Capaldi's first full-length adventure as the twelfth Doctor
TVFirst episode of new series has ended up on the internet
Life and Style
Douglas McMaster says the food industry is ‘traumatised’
food + drinkSilo in Brighton will have just six staple dishes on the menu every day, including one meat option, one fish, one vegan, and one 'wild card'
Sport
Mario Balotelli, Divock Origi, Loic Remy, Wilfried Bony and Karim Benzema
transfersBony, Benzema and the other transfer targets
Life and Style
Once a month, waistline watcher Suran steps into a 3D body scanner that maps his body shape and records measurements with pinpoint accuracy
techFrom heart rates to happiness, there is little this fast-growing, self-tracking community won't monitor
Independent
Travel Shop
the manor
Up to 70% off luxury travel
on city breaks Find out more
santorini
Up to 70% off luxury travel
on chic beach resorts Find out more
sardina foodie
Up to 70% off luxury travel
on country retreats Find out more
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Dynamics CRM Developer (C#, .NET, Dynamics CRM 2011/2013)

£40000 - £60000 per annum + Benefits + Bonus: Harrington Starr: Dynamics CRM D...

Web Developer (C#, ASP.NET, AJAX, JavaScript, MVC, HTML)

£40000 - £45000 per annum + Benefits + Bonus: Harrington Starr: Web Developer ...

C# R&D .NET Developer-Algorithms, WCF, WPF, Agile, ASP.NET,MVC

£50000 - £67000 per annum + Benefits + Bonus: Harrington Starr: C# R&D .NE...

C# Developer (Web, HTML5, CSS3, ASP.NET, JS, Visual Studios)

£40000 - £50000 per annum + Benefits + Bonus: Harrington Starr: C# Developer (...

Day In a Page

Iraq crisis: How Saudi Arabia helped Isis take over the north of the country

How Saudi Arabia helped Isis take over northern Iraq

A speech by an ex-MI6 boss hints at a plan going back over a decade. In some areas, being Shia is akin to being a Jew in Nazi Germany, says Patrick Cockburn
The evolution of Andy Serkis: First Gollum, then King Kong - now the actor is swinging through the trees in Dawn of the Planet of the Apes

The evolution of Andy Serkis

First Gollum, then King Kong - now the actor is swinging through the trees in Dawn of the Planet of the Apes
You thought 'Benefits Street' was controversial: Follow-up documentary 'Immigrant Street' has got locals worried

You thought 'Benefits Street' was controversial...

Follow-up documentary 'Immigrant Street' has got locals worried
Refugee children from Central America let down by Washington's high ideals

Refugee children let down by Washington's high ideals

Democrats and Republicans refuse to set aside their differences to cope with the influx of desperate Central Americas, says Rupert Cornwell
Children's books are too white, says Laureate

Children's books are too white, says Laureate

Malorie Blackman appeals for a better ethnic mix of authors and characters and the illustrator Quentin Blake comes to the rescue
Blackest is the new black: Scientists have developed a material so dark that you can't see it...

Blackest is the new black

Scientists have developed a material so dark that you can't see it...
Matthew Barzun: America's diplomatic dude

Matthew Barzun: America's diplomatic dude

The US Ambassador to London holds 'jeans and beer' gigs at his official residence – it's all part of the job, he tells Chris Green
Meet the Quantified Selfers: From heart rates to happiness, there is little this fast-growing, self-tracking community won't monitor

Meet the 'Quantified Selfers'

From heart rates to happiness, there is little this fast-growing, self-tracking community won't monitor
Madani Younis: Five-star reviews are just the opening act for British theatre's first non-white artistic director

Five-star reviews are just the opening act for British theatre's first non-white artistic director

Madani Younis wants the neighbourhood to follow his work as closely as his audiences do
Mrs Brown and her boys: are they having a laugh?

Mrs Brown and her boys: are they having a laugh?

When it comes to national stereotyping, the Irish – among others – know it can pay to play up to outsiders' expectations, says DJ Taylor
Gavin Maxwell's bitter legacy: Was the otter man the wildlife champion he appeared to be?

Otter man Gavin Maxwell's bitter legacy

The aristocrat's eccentric devotion to his pets inspired a generation. But our greatest living nature writer believes his legacy has been quite toxic
Joanna Rowsell: The World Champion cyclist on breaking her collarbone, shattering her teeth - and dealing with alopecia

Joanna Rowsell: 'I wear my wig to look normal'

The World Champion cyclist on breaking her collarbone, shattering her teeth - and dealing with alopecia
Bill Granger recipes: Our chef gives raw ingredients a lift with his quick marinades

Bill Granger's quick and delicious marinades

Our chef's marinades are great for weekend barbecuing, but are also a delicious way of injecting flavour into, and breaking the monotony of, weekday meals
Germany vs Argentina World Cup 2014 preview: Why Brazilians don't love their neighbours Argentina any more

Anyone but Argentina – why Brazilians don’t love their neighbours any more

The hosts will be supporting Germany in today's World Cup final, reports Alex Bellos
The Open 2014: Time again to ask that major question - can Lee Westwood win at last?

The Open 2014

Time again to ask that major question - can Lee Westwood win at last?