Delay threat to Bloody Sunday Inquiry

The Bloody Sunday Inquiry is facing yet more delays following an unprecedented demand for access to lawyers' files.

Since March 2000, more than 900 witnesses have given evidence about the events of Bloody Sunday, when on 30 January 1972, 13 Derry civil rights marchers were shot dead by members of the British Army's Parachute Regiment. A 14th person died later from the injuries and trauma inflicted on him on the day.

Last Friday, it emerged that the tribunal has written to the legal teams, the government, the police and MI5 to request details of notes and correspondence with witnesses which had been confidential until recently.

The request follows a Court of Appeal ruling in a separate case in England, which found that this sort of material was no longer privileged information.

The case in question is the BCCI bank collapse and the judgement, by three judges headed by master of the rolls Lord Phillips, held that communications between the Bank of England and lawyers representing it at the Bingham inquiry are not protected by privilege as had been contended.

Those involved in the tribunal had been required to provide all relevant material, but documents covered by legal professional privilege, such as solicitors' notes taken during interviews with witnesses, were exempt.

The main, and serious, implications for the Bloody Sunday Inquiry are in respect of the soldiers, whose previous communications with their lawyers may not now be the subject of privilege and they may be recalled. According to The Guardian on Monday, one of the inquiry QCs has said "I would think the soldiers are absolutely petrified about this."

The legal teams are currently considering their positions but could refuse to hand over the material or challenge the tribunal's demand in the courts.

Lord Saville and his fellow judges were expected to deliver their report to the British Government next year, but this latest development has put this timetable in doubt.