Birmingham pub bombings: Coroner ordered to reconsider inquest ruling after successful legal challenge
A coroner has been ordered to reconsider his decision to restrict the scope of inquests into the Birmingham pub bombings after a legal challenge by victims' families.
A judicial review heard by two High Court judges quashed a previous decision by Coroner Sir Peter Thornton to exclude the issue of the perpetrators of the 1974 bombings from the new hearings.
In the latest ruling, handed down in Birmingham today, Mrs Justice Carr said: "We are minded to quash the coroner's decision which excluded the perpetrator issue and remit the case so as to enable him to reconsider the decision."
A spokesman for the inquests said: "The coroner is committed to ensuring that the inquests start as soon as possible but now wishes to take some time to consider carefully the judgment handed by the High Court and its impact on the future progress of the inquests.
"The coroner is grateful for the considerable help and assistance he has had from all interested persons in the inquests to date.
"He will continue to work closely with the families and all interested persons as he progresses with his investigation into the tragic events in Birmingham 43 years ago. At present, a further pre-inquest review hearing is listed for 22 February 2018."
The coroner ruled in July last year that investigations into the identity of those responsible for the atrocities should not form part of his inquiry.
Inquests into the attacks, which left 21 people dead and more than 200 injured, were adjourned in 1975 and reopened in 2016 after a long-running campaign by victims' families.
In a 13-page ruling after the judicial review sought by bereaved families, Mrs Justice Carr and Lord Justice Simon, stated: "The first question is whether the coroner posed the right question on the scope of the inquests: whether the factual issue of the identity of the bombers (and those that assisted them) was sufficiently closely connected to the deaths to form part of the circumstances of the death.
"In our view, he did not.
"We do not agree that the jury would be unable to identify an individual involved in the planning, planting, procuring or authorising of the bombing without breaching the statutory prohibitions.
"The statutory regime would circumscribe certain aspects of an enquiry into potential perpetrators but (a section of the Coroners and Justice Act) applies to the conclusion not the investigation.
"A jury can plainly explore facts bearing on criminal and civil liability."
The High Court judges added: "In our view the coroner was right to say that he would keep the issue of scope under review and revisit it later if appropriate.
"Nor should he feel under an obligation to give an immediate further decision on scope. He may wish to update himself on any (police) report.
"He may wish to invite short further written observations on the Perpetrator Issue, although we doubt whether he will feel the need to invite any further oral submissions unless there is significant new material that bears on the issue."
