The evidence that Hutton ignored

Daily Mirror
January 30, 2004
By Oonagh Blackman, Deputy Political Editor

Lord Hutton's report has been savaged as a "whitewash" after vital questions were left unanswered.

The retired judge has been accused of glossing over key issues in his inquiry into the death of weapons expert Dr David Kelly.

Critics says his report is "one-sided", "unbalanced" and "weighted" heavily in favour of the government and against the BBC. The former Law Lord has been accused of letting the British people down by keeping the remit of his inquiry too narrow and leaving many important questions unanswered.

Many hoped he would examine the case for war in Iraq and the weapons dossier which precipitated the row between the BBC and the government and which, in turn, lead to the death of Dr David Kelly.

But the report disappointed those who hoped it would uncover the truth about the intelligence which brought the country to war.

These are some of the key questions Lord Hutton did not answer.

WMD and the 45-minute threat
Q Was the intelligence in the Iraq weapons dossier reliable?
The glaring failure to find evidence of Saddam's weapons of mass destruction was raised time and time again during the inquiry last summer.

Passionate evidence from defence intelligence experts backed up BBC reporter Andrew Gilligan's broadcast suggesting disquiet in the intelligence community.

The inquiry proved JIC chairman John Scarlett was shown to have changed the wording of the dossier to suit No 10.

The "45-minute threat" was only one section that was strengthened on the wishes of No 10. Lord Hutton said in his report: "The question whether intelligence approved and provided to the government by the JIC was reliable is a very important question."

He then promptly skated over it and said: "It is an issue which does not come within my terms of reference and on which I express no opinion."

Q Why did the government fail to correct the view that the 45-minute threat related to battlefield weapons not missiles that could reach UK bases in Cyprus?
Lord Hutton and his QC pointedly asked during the inquiry why the "public record was not corrected" when headlines on the day of the dossier screamed: "45 minutes from attack".

Alastair Campbell was said to be happy with those headlines. But Lord Hutton's final report sidestepped this bombshell from his own inquiry and said: "A consideration of this distinction does not fall within my terms of reference."

Q Why were concerns of MoD staff about the certainty of the language on the 45-minute claim not relayed to the full JIC?
Even MPs on the cross-party Parliamentary Intelligence and Security Committee deplored this. But Lord Hutton said in his report: "I consider it is unnecessary for me to express an opinion on it."

Gilligan and the BBC
Q Did Andrew Gilligan really get it all wrong?
During the inquiry it became clear Gilligan did get it wrong when he said the government inserted the 45-minute claim into the dossier "probably knowing it was wrong".

He apologised for the serious error he made in a live 6.07am broadcast on Radio 4 on May 29, 2002. But there was also an avalanche of evidence to show the central thrust of over a dozen broadcasts by Mr Gilligan at that time were right. Lord Hutton sat through weeks of evidence that proved he was right to say the "45-minute" point came from one source, was included in the dossier at a late stage and that there was disquiet in the intelligence community about it.

But the judge focused almost exclusively on the erroneous 6.07am report. Dr Kelly's family was satisfied Gilligan was largely right – but the judge was "unable to come to a definite conclusion". He also apparently ignored the fact that Mr Gilligan's report was backed up by a taped conversation between Dr Kelly and BBC journalist Susan Watts.

Alastair Campbell
Q Did Campbell "sex up" the Iraq dossier and was he to blame for inflaming the row with the BBC?
Mr Blair's ex-spin doctor is cleared of inserting the 45-minute claim in the hotly-disputed dossier.

The inquiry exposed the scale of Mr Campbell's influence on the dossier and the 16 changes he asked for from his "mate" JIC chairman John Scarlett.

Lord Hutton said the dossier was sexed up in that there could have been "subconscious influence" from No10, but he concluded that in the narrow context of Gilligan's broadcast Mr Campbell was not guilty.

Lord Hutton also noted Mr Campbell used "exceptionally strong" words in his battle with the BBC. But his report failed to pin any blame on Campbell for his behaviour during the row with the BBC.

The naming of Dr David Kelly
Q Was anyone in government guilty in the naming of Dr Kelly?
In a single stroke Lord Hutton cleared Tony Blair, Defence Secretary Geoff Hoon and Alastair Campbell of any blame.

This was despite evidence during his inquiry which showed all three wanted to "out" Kelly as Mr Gilligan's source.

Mr Campbell wrote in his private diary that he and Mr Hoon wanted the "source out". He also said he wanted to "F*** Gilligan".

Dr Kelly's family accused the MoD of "betraying" him by confirming his name to journalists using a press statement and clues in a question-and-answer paper.

Lord Hutton chose to believe the government that a press statement had to be issued because No 10 would have been accused of a cover up for withholding the fact a civil servant – Dr Kelly – had admitted talking to Mr Gilligan.

During the inquiry Mr Campbell said the PM did not want Dr Kelly's name leaked. Mr Hoon said No10 decided to issue the press statement.

But Lord Hutton said in his report: "It is not necessary for me to resolve some differences and areas of uncertainty arising in the evidence of Mr Campbell and Mr Hoon.

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