Stephanie Barwise QC, for another group of victims, similarly said the timing was “highly disingenuous and bears all the hallmarks of sabotage of this inquiry.”
The application relates to witnesses from firms including external wall subcontractor Harley Facades, main contractor Rydon, architects Studio E, and window and cladding fitters Osborne Berry.
The collective request to Sir Martin argued the undertaking is an established procedure allowing witnesses “to give full and frank answers and permits the terms of reference of a public inquiry to be fully investigated without delay and disruption to proceedings”.
It cited its use in inquiries including: the Bloody Sunday Inquiry, the Ladbroke Grove Inquiry, the Baha Mousa Inquiry, the Al Sweady Inquiry.
Witnesses giving evidence into the death of Iraqi hotel receptionist Baha Mousa, who died in British army custody after being detained in Basra in 2003, were granted the pledge to help the “fullest and frankest” account of events to emerge.
Former attorney general Baroness Scotland granted the troops immunity against criminal prosecution based on their own evidence to the inquiry, which concluded in 2011 the innocent civilian died after suffering “an appalling episode of serious gratuitous violence” and that a number of British soldiers bore a “heavy responsibility”.
In 2000, then-Attorney General Lord Williams of Mostyn QC offered immunity for all evidence presented to the inquiry into the rail crash disaster at Ladbroke Grove in west London which killed 31 people and injured more than 200.
