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Letter from Counsel to the Inquiry to
Ms Geraldine Proudler of Olswang 8 January 1997
I am unable to reach you by telephone (messages
left yesterday and today) and trust that this fax is brought
to your attention. I understand that you have been away from the
office from before Christmas until 6 January; and that you are
not in the office this afternoon - I am anxious to hear from you
as to when you will be able to provide the promised additional
information.
As you know there is considerable concern that
the investigation into the allegations made by The Guardian
(and by Mr Al-Fayed in relation to Mr Hamilton), is not proceeding
with at least reasonable expedition.
A brief review of recent progress is as follows:
- 1. On 7 November 1996 Mr Rusbridger wrote to Sir Gordon
Downey indicating that "most of the evidence relating to
Mr Hamilton and some of the evidence relating to other MPs"
would be produced "by the end of this week" - in addition:
"The next stage, and I am sure we can do
this by the end of the month, if not sooner, is to formalise our
case against each MP. I envisage that this will be done in
writing and in detail, cross-referencing to the chronology and
the jury bundle and any other "case files" which may
by that time have been constructed" (emphasis added).
2. There was then a period of delay during which
the question of privilege and confidentiality was considered,
ending with the letter from Sir Gordon Downey dated 19 November
1996.
On 28 November 1996 you wrote to Sir Gordon
Downey enclosing "preliminary documents" as there set
out.
4. Sir Gordon replied on the 3 December 1996,
seeking further documents and additional information.
5. On 5 December 1996 you spoke to Sir Gordon,
indicating that, in relation to Mr Hamilton (subject to confirmation
from The Guardian) the allegations were to be taken from
the Draft Amended Defence in the libel action.
With regard to the other main MPs - Grylls,
Hordern, Bowden, and Smith - you indicated the allegations and
supporting files were "nearly ready".
6. I spoke to you later in December and faxed
you on 12 December 1996, asking:
"Are you able to inform the Commissioner
when you will be in a position to provide detailed, supported,
allegations against all the M.P.s?" and
"In relation to Mr Neil Hamilton can you
confirm (today if possible) that the allegations are as set out
in the draft Amended Defence in the libel proceedings 1994 H
No.1654?"
You were able to give me that confirmation
shortly after the 12 December, but noting that that document was
"defensive" rather than "offensive" - however,
pressures of other case-work prevented early delivery of the
allegations in relation to the other MPs.
7. We spoke again before Christmas, and, in
addition to the proposed jury bundles for the libel action, you
provided a bundle of indices. However the allegations against
the other MPs were not provided before Christmas, and, as at
today's date, have not been provided.
8. A visit to your offices by myself, and Mr
Doig (Secretary to the Inquiry), has been suggested by The
Guardian and yourself (see letters of 7 November 1996, 19
November 1996, 28 November 1996, and your letter to Mr Rusbridger
of 17 December 1996) - I agree that such a visit would be a sensible
way forward, but it seemed to me that such a meeting should take
place after the allegations against the MPs have been formulated.
However, as it is now two months since the letter from The
Guardian of 7 November 1996 and still there are no detailed
allegations against the MPs, if the absence of such a meeting
is preventing progress, then both Sir Gordon and I agree that
it should take place as soon as possible - preferably tomorrow
or Friday.
Finally, although it has been possible to extract
the allegations against Mr Hamilton from the Draft Amended Defence
(and from a written submission supplied by Mr Al-Fayed's solicitors),
is it the intention that there should also be a written submission
from The Guardian in relation to Mr Hamilton (perhaps based
on any written submissions prepared for the libel action?).
I look forward to hearing from you 8 January
1997
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