Monday, May 20, 2013

The inquest into the 2006 death of Alexander Litvinenko has gone beyond farce

Александр Литвиненко

London coroner Robert Owen is fiercely pursuing a mission of his own. He wants to know who murdered Alexander Litvinenko. There's just one problem: It's never been officially established that homicide was the cause of death.

Cause of death still unknown
Litvinenko is the former Russian Federal Security Service (FSB) operative who died in suspicious circumstances in London in 2006. It is perhaps equally suspicious that now, almost seven years after his death, there's been no verdict on what happened to him.
Was his death an accident, a suicide, a murder?
Ironically Owen himself is the official who is supposed to decide.
Yet the question of what actually happened to Litvinenko still begs an answer. The autopsy report has not been made public. The coroner has not issued a death certificate.
Purpose of an inquest
According to the Ministry of Justice, the purpose of a coroner's inquest is "not to apportion blame, but to answer four questions: (1) Who died? (2) When they died? (3) Where they died? (4) How they died?"
The rules emphatically state that the proceedings and evidence at an inquest "shall be directed solely to ascertaining" those specific matters. To make things perfectly clear, coroners are also instructed that "neither the coroner nor the jury shall express any opinion on any other matters."
As if that wasn't clear enough, the rules continue: "No verdict shall be framed in such a way as to appear to determine any question of criminal liability on the part of a named person, or civil liability."
Secrecy claimed
The British government has refused to disclose certain relevant documents to the inquest on the basis of state secrecy.
As a result, he's suggesting that proceedings be transferred from the coroner's office to a special inquiry that would be empowered by the Secretary of State. There, evidence could be heard behind closed doors.
Unanswered question
Of the four questions the coroner is supposed to answer, only one remains unanswered. It is how Litvinenko died.
It has been widely reported that the ingestion of radioactive polonium was the cause of death. Was it? If it wasn't polonium, what was the cause of death? Why won't Owen answer the question? The details are in the autopsy report. Why won't Owen make it public? 
Possible causes of death
Extensive media coverage has also been given to reports that Litvinenko was murdered. Was he? Some reports say the Russian state killed him. Others blame the late Boris Berezovsky, the fugitive Russian tycoon who was hiding out in London. Irrespective of who might have done it, is there evidence that the death was a homicide? Can suicide or accident or other manners of death be excluded? Why won't Owen answer these questions either?
If he doesn't have conclusive evidence, the coroner's rules indicate that he should conclude an "open verdict." That's the correct response when there is insufficient evidence for any other verdict.
Why is he shirking away from reaching a conclusion?
It may be because there's more to this than meets the eye.
Preventability and culpability
The British government has two areas of conflicted interests in the Litvinenko case.
The first is the matter of "preventability."
Litvinenko is widely alleged to have been working for British security services. Did they have knowledge of circumstances that were likely to lead to his death? Could they have intervened in a way that could have prevented it? And did they fail to exercise that responsibility?
If the British government is culpable in that regard, does that make it vulnerable to legal action by Litvinenko's widow and child? Is the government acting to protect itself from that?
The second matter is the allegations made by the Crown Prosecution Service about Russian culpability in Litvinenko's death.
The Berezovsky connection
They seem to have been based on accusations made by Berezovsky and his associates. Their claims have been shown, however, to be without a basis in fact. They were specious. I described all this in my book, The Phony Litvinenko Murder.
Was the British government bamboozled by Berezovsky? And does it now wish to avoid the humiliation of that being officially exposed?
Calling the coroner to account
I think Robert Owen owes the British public and the world community a verdict on the job he was tasked to do.
He should issue a finding on the cause of death, and he should specify the manner of death if one is known. 

A former Russian spy has said he will give testimony in the murder case of a former Russian FSB Security Service officer, Alexander Litvinenko, Britain’s dailyThe Independent writes in its Monday’s issue.
According to the periodical, the witness is currently making his home in the US, and he cooperated with Litvinenko in the last few months of his life.
Mr Litvinenko wrote a report for Titon International on powerful figures in Moscow, which was rejected by the security firm for being of poor quality. Mr Litvinenko then contacted the former spy who has now emerged as a key witness in the investigation, who produced a far more comprehensive dossier on the same individuals.
The daily points out that the British police see the man as a very important witness, so they visited him in the United States on three occasions to persuade him to give testimony.
Last Friday, the UK coroner who leads the probe into the circumstances of Alexander Litvinenko murder in the UK, said he would hear no evidence that Russia could be involved in Litvinenko’s death.
Nor would coroner Robert Owner hear any claims that the British authorities could have prevented the death of the former Russian counterintelligence officer.
The British Foreign Secretary William Hague asked the coroner earlier not to make public the related classified documents.
The coroner then ruled that it is better in this case not to examine some aspects of Alexander Litvinenko’s death, than to examine them on the basis of incomplete information.
He added that he would consider of a likely investigation behind closed doors.
Earlier, the widow of Alexander Litvinenko, Marina, has called for the inquest into her late husband's death to be abandoned and for a public inquiry to be held in its place.
Ben Emmerson, the lawyer for Litvinenko's widow Marina, said the British government's quest for secrecy was delaying proceedings and suggested that foreign policy – namely trade relations – could be at the heart of the matter.
"We know nothing about why these applications are being made and we are dancing in the dark," he told coroner Robert Owen. "This is beginning to look like you're being steamrollered by two states acting in collaboration with each other."

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