MI5 âinstitutionally defensiveâ after Arena bomb
The security services showed âinstitutional defensiveness rather than candourâ after the Manchester Arena attack and for years continued to present an âinaccurate pictureâ of what it had known about the suicide bomber, a tribunal has been told.
Twenty-two people died and hundreds were injured when Salman Abedi detonated his device at the end of an Ariana Grande concert on 22 May 2017.
More than 250 people who were either bereaved by the bombing, or survived it, are suing MI5, MI6 and GCHQ at an Investigatory Powers Tribunal (IPT) being held at the Royal Courts of Justice in London.
Neil Sheldon KC, representing the security services, argued the claimantsâ characterisation was ânot fairâ.
âInaccurate pictureâ
Last yearâs public inquiry report found MI5 had missed a significant chance to take action that may have prevented the attack.
Pete Weatherby KC, representing the claimants, said MI5âs behaviour in the years after the bombing had âlacked candourâ to bereaved families, the public, and official reviews into the atrocity.
He said only the public inquiry, which questioned key MI5 officers in secret, had been able to obtain a clear picture about the lead-up to the bombing.
In written submissions to the IPT, Mr Weatherby said, prior to publication of the inquiryâs final report, MI5 had ânot accepted that they had made any mistakes that were materially relevant to prevention of the bombingâ.
Mr Weatherby added that, in the inquiryâs final conclusions, MI5 had âpresented an inaccurate picture of key parts of the evidence, and the corporate statements displayed retrospective justification â institutional defensiveness â rather than candourâ.
Mr Sheldon said this portrayal was ânot fairâ and stressed: âThere was no lack of candour.â
Mr Weatherby argued MI5âs failure to prevent the attack was so serious that the tribunal could conclude it amounted to a human rights breach.
But Mr Sheldon said the tribunal âcould not get anywhere nearâ such a conclusion given the number of actions needed to uncover bomb plots.
Mr Weatherby said the new tribunal was about the âmissed opportunitiesâ to prevent the attack.
In the months before the bombing, MI5 received two pieces of information about Abedi.
The public inquiry report revealed that the MI5 officers who handled the intelligence had understood, at the time, that both pieces could relate to terrorism.
Until then, MI5âs corporate statements to the inquiry, parliament and an official review said the intelligence had been assessed as relating to non-nefarious or non-terrorist criminality by Salman Abedi.
The inquiry chairman Sir John Saunders concluded: âI do not consider that these statements present an accurate picture.â
In his written submissions to the IPT, Mr Weatherby said: âThe perpetrators were not unknowns who acted spontaneously or with a simplicity which gave little room for discovery.â
The IPT hearing was told three lead cases were representing all of the claimants:
- Chloe Rutherford, aged 17, from South Shields in Tyne and Wear, was killed in the explosion
- Eve Hibbert, 14 at the time, survived the blast but suffered life-changing injuries
- Lesley Callander, who lost her 18-year-old daughter Georgina Callander in the attack. The court heard she had been left âprofoundly psychiatrically injuredâ by seeing her daughter in the aftermath of the bombing. Georgina died in an ambulance with her mother by her side
Mr Weatherby rejected arguments that the current legal action had been launched too late.
He said the usual time limit on claims should be extended and that it had not been possible to bring the case prior to the conclusion of the public inquiry last year.
The claimantsâ barrister argued the public inquiryâs findings had provided the factual basis for the latest claims.
Mr Weatherby said his clients âwere pleased that the public inquiry brought out material and information and conclusions that had not hitherto been there but they see this process as being the next step in (their) vindicationâ.
The barrister later said the claimants were also seeking damages.
âFull co-operationâ
Mr Sheldon said the public inquiry into the atrocity had been âinquisitorialâ in nature and added: âThe obligation on all those involved was to give the inquiry the fullest possible co-operation that it could in its search for the truth.
âAs part of its full co-operation to the inquiry, my client provided a self-critical internal review.â
He said the review included about how the two pieces of intelligence were handled.
âThere was no lack of candour,â Mr Sheldon added.
He later told the tribunal it could be important âto have some idea of where this claim is going and what it is seeking to achieveâ.
Lord Justice Singh and Mrs Justice Farbey, who heard the case, will rule at a later date if the claim will proceed to a full hearing.
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