Three men implicated in a conspiracy investigation are set to receive funding for legal advice so they can submit witness statements to the McGrail Inquiry.
It's one of three rulings made by the judge overseeing the matter.
The three men set to submit statements were charged with conspiracy to defraud Bland Limited before the Attorney General decided not to proceed with the criminal case against them, citing matters in the public interest.
Judge recommends to Government it pays for legal team representing three men who the Inquiry asked for evidence
Sir Peter Openshaw is the judge brought in to act as sole commissioner for the inquiry into the reasons and circumstances leading to Ian McGrail's early retirement from the post of Commissioner of Police in June 2020.
The judge has now recommended to the Government it should pay for the legal team representing three men who the Inquiry asked for evidence. Thomas Cornelio, John Perez and Caine Sanchez were already in the process of preparing a joint statement, after the Inquiry’s Public Call for Evidence in September.
The three men would like to use the same legal team that represented Mr Cornelio and Mr Perez in discontinued criminal proceedings, and who are presently representing all three Applicants in related proceedings.
Sir Peter Openshaw said the Government should fund the Applicants’ two legal counsel, on the condition that time spent is divided between leading/junior counsel on a 20/80% basis. And that the legal team should include a lawyer already practicing from a permanent place of business in Gibraltar.
The funding is to cover: initial instructions and advice in relation to and for the purpose of making a witness statement. At this stage it does not cover travel expenses or representation during oral evidence. Hourly rates will be capped.
The judge believes this funding is fair and in the public interest because the applicants are intimately implicated and concerned in a matter under Inquiry, namely a conspiracy investigation. Mr Cornelio, Mr Perez and Mr Sanchez say they have “first hand knowledge of the matters ... which will greatly assist the Inquiry” and with regard to certain matters “are in fact the only people who can provide relevant information and documents to assist the Inquiry”.
Sir Peter Openshaw also notes that if funding was not granted, the three men would be unable to fund legal representation.
He also considers it would be fair for the applicants to have access to legal advice on issues of legal professional privilege and privilege against self-incrimination, and how those privileges operate in the context of the Inquiry.
Judge recommends to Government it pays for legal team representing three men...
Core participants
Meanwhile, the Royal Gibraltar Police, the Government, and Paul Richardson - a now retired police superintendent - have all been granted ‘core participant’ status in the inquiry.
The Gibraltar Police Federation has also been granted core participant status, but only in connection with any complaints made by the federation or its members to the Gibraltar Police Authority about Ian McGrail.
They join the existing four participants: Mr McGrail himself; the Chief Minister Fabian Picardo MP KC; the Governor at the time Nicholas Pyle; the Police Authority, and; the Attorney General Michael Llamas KC.
Core Participants have a significant interest in the subject matter of the Inquiry and enjoy participatory rights.