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Britains Hutton Inquiry: Still no account of how Dr.
Kelly died
By Chris Marsden
29 August 2003
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When top diplomat David Broucher gave evidence before the Hutton
Inquiry into the death of whistleblower Dr David Kelly, one aspect
of his testimony was described by the media as a chilling
prediction by Kelly of his own death.
Apparently on February 27 in Geneva, Kelly had told Broucher
that he had assured senior Iraqi officials that if they cooperated
with United Nations weapons inspections they would have nothing
to fear.
He explained, The implication was that if the invasion
went ahead, that would make him a liar and he would have betrayed
his contacts, some of whom might be killed as a direct result
of his actions.
I asked him what would happen then. He replied, in a
throwaway line, he would probably be found dead in the woods.
Kelly was found dead in the woods near his home on July 18,
a day after he had supposedly slashed his left wrist. Broucher
said he had thought Dr Kelly was talking about possible Iraqi
vengeance, but I now see that he may have been thinking
on rather different lines.
Brouchers inference, with the benefit of hindsight, is
that Kelly felt strongly that he had been left in a morally
ambiguous position and that this could explain why he committed
suicide.
This testimony was seized on by the media. Here was a more
plausible explanation for Kellys suicide than that previously
offeredthat Kelly had simply been unable to take the pressure
of being publicly named as the source for the BBC journalist Andrew
Gilligans report of disquiet within the security services
over the government having sexed-up intelligence in
order to justify its plans for war against Iraq.
For this to be plausible required that Kelly be portrayed as
an innocent scientist and civil servant who was overwhelmed by
being caught in the cogs of power-politics. But this hardly fitted
in with more accurate descriptions of Kelly as a hard man at the
top of his professionfirst in developing chemical and biological
weaponry at Porton Down, then debriefing Soviet defectors with
his close contact in the security services, then as Britains
top steely-eyed weapons inspector in Iraq and then as the man
entrusted by the government to draft substantial sections of its
September 2002 intelligence dossier and with whom Defence Secretary
Geoff Hoon had consulted immediately prior to going to war against
Iraq.
Now, however, one could fall back on the depiction of Kelly
as a man of honour who could not reconcile his promises
to Iraqi contacts with the position he had been placed in by the
decision to go to war.
The most fulsome example of this was an op-ed piece by the
Guardians Peter Beaumont that extrapolated from Brouchers
own interpretation. He wrote, Last week a seismic shift
occurred. In a single piece of evidence, delivered by diplomat
David Broucher, some light was finally cast on the weapons experts
motivation... Kellys behaviourand his deathhas
its real centre of gravity beyond bullying and threats and the
snide comments: that at the very bottom of it all lies the conflict
between one mans commitment to his own idea of integrity
and truth, and the moral equivocations of power exercised by politicians
during war: that Kelly may have died some kind of Samurai death
because of his sense of honour.
And finally, Kellys conversation with Broucher
in February has been one of the most devastating pieces of evidence
to emerge so far, delivered not by a journalist or one of Kellys
civil service masters, but by one of his colleagues in the world
of arms control and a diplomat apparently taking no side in the
argument.
A Samurai death is a dramatic phrase indeed, but the entire
approach is superficial rather than penetrating.
Brouchers comments should not be taken at face value.
The senior diplomat had apparently sent an email to Patrick Lamb,
his superior at the Foreign Office, on August 5, recalling his
previously forgotten chance conversation with Kelly. He explains
the long delay by saying he had been straining to recover
[the recollection] from a very deep memory hole. Even assuming
that Brouchers recollections are accurate, however, anything
he had to say about the significance of Kellys statement
is simply his opinion based on his apparent belief that the scientist
committed suicide.
And it is precisely this that has yet to be established.
Kellys reported comments are open to a number of alternative
interpretations which raise the possibility that he feared death
at anothers hands rather than his own.
At the time Broucher assumed that Kelly was hinting at the
possibility of Iraqi retaliation for having misled his contacts.
This is certainly a possibility. Kelly had operated at the very
highest level in Iraq and must have met with some very unsavoury
characters. He could have joked about their possible reaction
or have seriously considered it as a possibility. It is hard to
say. But one cannot do what Broucher and the media have done and
simply conclude that he must have been revealing his own inner
turmoil because he is supposed to have cut his own wrist.
This leaves a number of important facts to one side. In the
event no Iraqi scientist or other contact of Kellys was
found dead, so this would not have troubled him unduly. Indeed
in one of the last emails he sent on the morning of his death,
he had emphasised how he was looking forward to resuming his work
in Iraq.
It could also be that Kelly feared retaliation from another
source entirely. After all it appeared that Kelly did not favour
war with Iraq and was busy doing deals with contacts based on
the assumption that war would not take place. Then, when war began
to look more likely he was recruited by the government to help
draw up a dossier exaggerating the threat from Iraq. As one of
a number of key personnel within the security services who were
worried about this turnand Kelly was of their number even
if he was officially employed by the MoDhe had gone so far
as to brief against the government to the BBCs Andrew Gilligan
and a number of other journalists. So why would Kelly not fear
possible retaliation from within the security services, given
his adopting a stance that was against current government thinking
and the express desires of Washington?
In any event, it is extraordinary that Broucher can report
Kellys premonition of his own death and this prompts no
further questioning. Kelly did, after all, suffer the most high
profile death in recent years and one that has become the subject
of a judicial inquiry that could determine the fate of the Blair
government.
The Hutton Inquiry, though ostensibly set up to investigate
Kellys death, has done no such thing. It has discussed the
events leading up to Kelly being found dead, but not how he died.
Yet on August 14 the Coroners Inquest into Kellys death,
which had met for just a few hours on July 19, was closed down
after the most superficial investigation imaginable. It consisted
almost exclusively of hearing evidence from an amended medical
report by Home Office pathologist Dr Nicholas Hunt.
This is all that is known of Kellys death from that inquest:
Oxfordshire coroner Nicholas Gardiner said that the report
showed the main cause of death was the number of incisions into
Kellys left wrist.
Hunt had concluded the main cause of death was haemorrhage
and there were two wounds which would have been fatal. The secondary
cause of death was ingestion of the prescription painkiller Co-Proxamol,
though toxicology reports showed the amount present in Kellys
blood would not alone have been enough to kill him.
Gardiner said that the four cardio-electrode pads found on
Kellys chest at the time of his death were placed there
by paramedics on the scene to detect heart action.
He then explained that because of the ongoing independent judicial
review being conducted by Lord Hutton, it was highly unlikely
that any more evidence would need to be heard by him and he was
handing the main investigation into Kellys death over to
Lord Huttons inquiry.
He did so because the Lord Chancellor, Lord Falconer, had ordered
him to under Section 17a of the Coroners Act of 1988 allowing
a public inquiry chaired or conducted by a judge to fulfil
the function of an inquest.
The Hutton Inquiry has now been ongoing for three weeks and
it must be clear to all that it cannot be trusted to make a serious
investigation of how Kelly died. It has certainly shown no inclination
in this direction. If it had, then someone reporting that Kelly
believed he would be found dead in the woods would not have been
passed over in such a cavalier fashion. It would have spurred
on those concerned to intensify their efforts to get at the truth
and demand answers to questions that are being raised by many
ordinary members of the public who do not accept the official
version that Kelly committed suicide.
* Kelly had been at home for just one day after his testimony
before the Foreign Affairs Committee. Yet there were apparently
no police guards, MI5-MI6 spies or even any media outside his
house. Why?
* His behaviour on the morning of July 17 is hard to reconcile
with that of a man who later supposedly committed suicide. He
had worked on a report which he said he owed the Foreign Office
and sent emails, including one to New York Times reporter
Judith Miller in which he famously spoke of many dark actors
playing games with him and another stating that he was determined
to overcome the scandal surrounding him and was enthusiastic about
the possibility of returning to Iraq as a weapons inspector. No
suicide note was left by Kelly.
* Why did a scientist choose such a difficult means of killing
himself as slashing his wrist and not even take enough painkillers
to do the job more effectively and less painfully?
* Special Branch officers from Scotland Yard sealed off Kellys
offices in Whitehall and seized his computer, but we do not know
what they found.
On July 3, the New Scientist wrote an editorial anticipating
the Hutton Inquiry and what questions it expected to be answered.
It provides an indication of how many people will feel cheated
by what has happened subsequently.
The editorial asks, First, why does Kellys testimony
to the select committee differ from accounts given by BBC reporters
of their discussions with him? By the time Kelly gave evidence,
he had reportedly been questioned for five days by his employer
(the Ministry of Defence), named in public by the MOD against
his wishes, and kept in an MOD safe house. During all this time,
had the MOD forced him into some kind of deal?
Could it be that BBC reporters manipulated Kellys
views for their own ends? For one journalist to do this is plausible.
But it seems Kelly spoke to three and gave a similar account to
all of them.
Finally, in two of the BBC reports there is a sense that
Kelly speaks not only for himself but for people in intelligence.
This raises the question of whether he acted alone or with the
approval of others.
Answering these questions may go some way to explaining
why a man who survived confrontations with the vicious, secretive
regime in Baghdad was finally destroyed by a supposedly free and
open society.
Material relating to these and many other questions hardly
ever addressed by the press has emerged repeatedly during the
Hutton Inquiry but never been probed. The issues must be fully
investigated before a verdict can be pronounced on Kellys
death. The testimony provided by Broucher and its reception by
the inquiry and the media only confirms the necessity for a full
and independent investigation that is not under the control of
the judiciary and whose remit is dictated by the search for truth
rather than the requirements of political expediency.
See Also:
The Hutton Inquiry: British spy chiefs
testimony exposes lies on Iraq war
[28 August 2003]
Hutton Inquiry: How Dr Kelly and the
Foreign Affairs Committee were used by the government
[27 August 2003]
Britain: Inquiry exposes lies on Iraq
war
[23 August 2003]
Britain: Hutton Inquiry hears damning
evidence against government
[16 August 2003]
Britain: the political issues underlying
the Hutton Inquiry
[11 August 2003]
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