Litvinenko widow wins court battle over inquiry

Marina Litvinenko challenged the UK Government’s decision to await the outcome of a normal inquest before deciding whether there should be an inquiry with powers to probe more deeply into the killing.

Now three High Court judges have decided that Home Secretary Theresa May must reconsider the decision in the light of their ruling.

Mrs Litvinenko’s lawyers described it as “a very strong ruling”.

The judges gave the Government until Friday to decide whether to lodge an appeal.

Speaking for the three judges, Lord Justice Richards said: “Taking everything together, I am satisfied that the reasons given by the Secretary of State do not provide a rational basis for the decision not to set up a statutory inquiry at this time but to adopt a ‘wait and see’ approach.”

Quashing the decision, the judge said: “The deficiencies in the reasons are so substantial that the decision cannot stand.”

Outside court, Mrs Litvinenko said she was “very glad” the ruling had gone in her favour. She said: “It is just unbelievable. It shows that there was not any reason to say I did not have the right for a public inquiry.”

She called on Mrs May to “accept this decision”.

Lord Justice Richards, sitting with Lord Justice Treacy and Mr Justice Mitting, said: “The case for setting up an immediate statutory inquiry as requested by the coroner is plainly a strong one.

“The existence of important factors in its favour is acknowledged, as I have said, in the Secretary of State’s own decision letter.”

The judge said he would not go so far as to accept submissions made by Ben Emmerson QC, on behalf of Mrs Litvinenko, that Mrs May’s refusal to set up an inquiry was so obviously contrary to the public interest as to be irrational, but he warned: “If she is to maintain her refusal, she will need better reasons than those given in the decision letter, so as to provide a rational basis for her decision.”