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Leveson Inquiry debates terms of anonymity for potential witnesses

26/10/2011

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Anonymity for potential witnesses willing to give evidence to the Leveson Inquiry has been the main subject discussed at a directions hearing held today.

Robert Jay QC, counsel to the inquiry, has raised the subject of Lord Justice Leveson potentially granting anonymity to witnesses who may fear for their “jobs or professional reputation” in the hearing at the Royal Courts of Justice.

The judge said he was prepared to consider applications for anonymity and that those wishing to contribute but remain anonymous should submit their evidence to the solicitor of the inquiry alongside their reasons for requesting anonymity in a separate sheet.

Leveson LJ explained that while he considered their evidence and whether to grant anonymity or not, those potential witnesses would have their identity protected under section 19 of the Inquiry Act 2005.He said: “I will respect that request for anonymity entirely and I will not breach that anonymity unless I have the express approval of the person who sought it.”

A lawyer for Associated Newspapers challenged the idea that anyone, even Leveson LJ should be able to see the evidence before deciding whether a witness could remain anonymous, as it would have to be discarded in case the ruling was negative.

She argued that it would be unfair on anyone who might have been mentioned on that evidence to have it disclosed to Leveson LJ.

The judge said that was a practice to which he was accustomed and that in the case of refusal he would discard their submissions.

All lawyers were invited by Leveson LJ to make submissions on the issue at another pre-hearing to be held on Monday, October 31, at 10.30am in the same court.

Last week, the Guardian reported how the inquiry was considering to accept anonymous evidence from tabloid journalists.The court heard how the first hearing of the inquiry will happen on November 14, with opening statements by the counsel for the inquiry, Mr Jay, the barrister representing the victims, David Sherborne QC, and barristers representing other core participants, such as the Metropolitan Police and newspaper groups.

From November 21, the inquiry will hear evidence from witnesses. The hearing of evidence for the first module of the inquiry, dealing with the relationship between the public and the press, is likely to carry on until February.

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