David Kelly, ten years on: A spectacular failure of accountability

Ironically, those calling for an inquest into David Kelly’s death - ten years on today – base their arguments on precisely the values held so dear by professional journalists: the need for a full, impartial appraisal of the facts without fear or favour.

Ten years after the death of intelligence analyst David Kelly, the campaign for a formal inquest wages on. Shortly before his unnatural death in 2003, Kelly was outed as the BBC news source for a controversial report suggesting the government had lied in building its case for war with Iraq earlier that year. The fact that key questions remain unasked about an official investigation into a controversial death is nothing unheard of in British politics. But the Kelly case is unique because the most vociferous opponents of due process are not officials or politicians, but journalists.

This is even more odd because the journalists who are most outspoken against campaigners hail not from the predominantly conservative red tops, but from the so-called "liberal" media comprised of the broadsheets and broadcast newsrooms. It is respected columnists and opinion editorialists – not government spokespeople – who are routinely called on to make the case against campaigners. These are not journalists who tend to shy away from attacking the government or challenging established viewpoints. Indeed, they are journalists who predicate their life’s work on the unfettered scrutiny of power; who place the utmost professional value on evidence, impartiality and accuracy.

Yet in relation to the cause of Kelly’s death, even the evidence presented at the widely discredited Hutton Inquiry was, by the most conservative measure, conflicting. According to the official verdict, Kelly bled to death after cutting the ulnar artery in his left wrist. Yet paramedic Vanessa Hunt, the first medically trained professional to examine his body, told Hutton that

the amount of blood that was around the scene seemed relatively minimal and there was a small patch on his right knee, but no obvious arterial bleeding. There was no spraying of blood or huge blood loss or any obvious loss on the clothing [...] His jacket was pulled to sort of mid forearm area and from that area down towards the hand there was dried blood, but no obvious sign of a wound or anything, it was just dried blood.

A secondary cause of death, according to the official verdict, was that Kelly had died from a lethal overdose of painkillers. But the toxicology report showed that the level of coproximal in Kelly’s blood was less than a third of what would normally be considered fatal and less than one pill was actually found in his stomach contents. Yet this kind of evidence remains elusive to journalists who continue to circulate assumptions disguised as facts: namely that Kelly swallowed 29 tablets based solely on a blister pack of 30 found on his person with only one tablet left (and incidentally, none of Kelly’s fingerprints).

What about Kelly’s state of mind? At the Hutton Inquiry, we heard expert witness testimony that he was acutely depressed over a supposed life’s work in ruins and ravaged by the shame of having breached the civil service code. But that testimony was provided by a consultant psychiatrist who had never actually met Kelly, let alone interacted with him during his final days and hours. It was based in large part on that of other witnesses, including Kelly’s close family. While they had spoken of him as "withdrawn" and "subdued", this was primarily in the context of the period leading up to his appearance before the Foreign Affairs Select Committee on 14 July 2003. Following that, Kelly’s daughter and son-in-law, with whom he was staying at the time, described his demeanour repeatedly as "normal", "calm", "relaxed", "relieved", and eating and sleeping "very well" right up to the day of his disappearance. According to his sister (pdf), Sarah Pape, who spoke to Kelly by telephone two days before his death:

In my line of work I do deal with people who may have suicidal thoughts and I ought to be able to spot those, even on a telephone conversation. But I have gone over and over in my mind the two conversations we had and he certainly did not betray to me any impression that he was anything other than tired. He certainly did not convey to me that he was feeling depressed; and absolutely nothing that would have alerted me to the fact that he might have been considering suicide.

Of course, such testimony does not prove that Kelly did not commit suicide, any more than conflicting testimony proves that he did. But in the week following Hutton’s report, BBC and ITN journalists cited evidence that Kelly was suicidal no less than seven times in news reports without any qualification or caveat and without once mentioning evidence to the contrary.

For any journalist genuinely concerned with ‘the facts’, it would have been clear from the outset that the only thing we know in relation to this case is that we don’t know how Kelly died. It is possible that he did die in the way Hutton said he died (albeit extremely unlikely according to mainstream medical opinion), and that conflicting evidence was the result of random anomalies; just as it is possible that Kelly was murdered, with or without the connivance of elements within the British state. The point is that no cause of death has been established on the basis of likely probability, let alone beyond reasonable doubt.

But there is something else we know which is that there has been unprecedented misinformation, obstruction of justice and on-going suppression of information in relation to this case. Only around a quarter of the police documents submitted to Hutton have been published and much of the remaining evidence has been sealed under an extraordinarily high level of classification for 70 years. It includes medical reports, photographs of the body and supplementary witness statements. The justification for this enduring secrecy is to prevent undue distress to the bereaved. But David Kelly was a public servant who suffered an unnatural death in extremely controversial circumstances. In far less controversial cases, the interests of the bereaved never outweigh that of the public interest in having a formal coroner’s inquest into an unnatural death.

With occasional and notable exceptions, journalists’ persistent refusal to engage with the substance of this controversy reveals a blind spot in our system of democratic accountability, encapsulated by the label of "conspiracy theory". This taboo, which operates within journalist and academic circles alike, has some sound basis. It discriminates against conjecture often associated with tabloid sensationalism or internet subcultures that respond to secrecy or uncertainty with unfounded reasoning. This kind of theorising has also provided the foundation for racist and extremist ideology upon which acts of terror, genocide and ethnic cleansing have been predicated.

Such a cautionary approach, however, has led to an outright rejection of the idea that particular groups of powerful people might make, in the words of terrorism expert Jeffrey Bale, “a concerted effort to keep an illegal or unethical act or situation from being made public”. Yet both historical precedent and contemporary events suggest that such instances are a regular feature of real-world politics. The Chilcott Inquiry into the Iraq War, for instance, has surfaced considerable evidence that the decision to invade Iraq was taken in secret and long before it was publicly announced and justified on what turned out to be false intelligence. The problem amounts to an “intellectual resistance” with the result that “an entire dimension of political history and contemporary politics has been consistently neglected” (Bale 1995).    

Ironically, those calling for an inquest into David Kelly’s death - ten years on today – base their arguments on precisely the values held so dear by professional journalists: the need for a full, impartial appraisal of the facts without fear or favour. The baseless conjecture associated with conspiracy theory, on the other hand, characterises precisely the way in which most journalists have approached this case. Above all, it is the enduring silence of newsrooms which has shielded successive governments from pressure for an inquest or from challenge to their persistent refusals to hold one.

The fires of injustice rage unabated. It took a lot longer than ten years for the relatives of Stephen Lawrence, Bloody Sunday and Hillsborough victims to get some semblance of accountability from the state. For the relatives of Daniel Morgan, the victims of the Iraq War, Lockerbie, secret rendition and torture, the struggle continues. If nothing else, campaigners for an inquest into David Kelly’s death have succeeded in drawing some attention to yet another spectacular failure of British justice. 

Justin Schlosberg is a media activist, researcher and lecturer at Birkbeck, University of London. He is the author of Power Beyond Scrutiny: Media, Justice and Accountability

Dr David Kelly arriving at the House of Commons on 15 July 2003. Photograph: Getty Images
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Calais Jungle: What will happen to child refugees when they leave?

Hundreds of unaccompanied child asylum seekers are being taken to Britain where they face an uncertain future.

Hundreds of unaccompanied child asylum seekers are being taken to Britain, moved from a camp in Calais, northern France, as its closure begins. There were 387 unaccompanied minors in the French refugee camp known as “the Jungle” with links to the UK and they are arriving in England in groups of 70.

Upon arrival, the children are taken to a secure unit for 72 hours, before being reunited with families already living in the UK. They are from a group of more than 1,000 children who have been living in the camp in recent weeks. And now, some of those without links to Britain, but who are regarded as particularly vulnerable, are now also being taken across the English Channel.

The youngsters were granted asylum under the Dublin Regulation. The children’s move to Britain has stalled twice already, over delays in accommodation and establishing proof of age. Migrant children have been subjected to intense media scrutiny upon arrival in recent weeks. Calls for dental checks to verify the true ages of youngsters who looked older were called for, but the UK government branded such a practice as “unethical”.

For a long time, the minors living in the camp faced an uncertain future, but the move to take some children to the UK signals a change of tack by the British and French governments. Britain has been criticised for its lack of humanity, but it now seems that the pleas of these children at least have been heard.

Impact of war

While the youngsters may have escaped serious physical injury, the conflicts in the Middle East will have taken a psychological toll on them. Living in the midst of war, many have witnessed unspeakable horror, losing family members in brutal circumstances. Consequently these youngsters are now incredibly vulnerable to mental illness, with research indicating that more than 80 per cent are likely to develop issues such as post-traumatic stress disorder (PTSD).

It is important to remember a child’s trauma extends far beyond the experiences that resulted in them fleeing their homes. The children going to the UK now endured prolonged exposure to stress-inducing conditions in the Calais camp, and will now need to adjust to their new cultural surroundings.

War directly affects millions of children everyday. Exposure to conflict and acts of terrorism can lead to the development of acute or chronic stress reactions. Research also indicates that the psychological impact of war on children is likely to have long-term effects – they don’t simply “grow out” of their stress-related symptoms. Continued exposure to traumatic events, as these children have experienced, carries a cumulative impact too, that can worsen the severity of post-traumatic symptoms.

Funding challenge

The children going to Britain will need the right sort of trauma-based therapeutic support so they can successfully move forward before chronic conditions take hold. However, mental health services in the UK are desperately underfunded. More than 850,000 children and young people have a diagnosable mental health disorder, and half of all lifetime cases of mental illness begin by the age of 14. But just seven per cent of the total mental health budget is allocated to child and adolescent mental health services, with one in five young people refused treatment because they do not meet the criteria for care.

A recent poll of specialist nurses found 70 per cent thought child and adolescent mental health services in England were inadequate due to historic under-investment. The government is under growing pressure to invest more, and it is hoped that the arrival of these children will see additional money allocated to the services. When, or even if, this will happen, remains unclear.

Post-traumatic growth

While many of these children are likely to suffer form long-lasting psychological symptoms, there is a possibility that some may emerge stronger than they are now, benefiting in some way from the experience resulting in positive post-traumatic growth, or PTG. PTG is possible in children who have been affected by war trauma, particularly if they are young, as they are more open to learning and change. Interestingly, research has revealed that even the negative aspects of PTSD do not “block” growth when children are placed in a supportive environment – found to be the most conducive thing for PTG.

Receiving the proper social support will play an important role in helping these children deal with the psychological effects of war trauma. The complex situation that the young and unaccompanied migrants have faced calls for help that addresses both the trauma and grief, and will secure continuity in their new lives in the UK.

Losing loved ones is just one of many extremely traumatic experiences these children may have faced, and it could prove quite difficult to disentangle the effect of the loss from other stresses and changes. Time does not simply heal the long lasting scars of prolonged stress that they have experienced. However, it is vital that society does not write these children off as ill or broken. With the right support they can lead full lives and make strong contributions in their new homes.

Leanne K Simpson, PhD Candidate, School of Psychology | Institute for the Psychology of Elite Performance, Bangor University

This article was originally published on The Conversation. Read the original article.