The information services showed "institutional defensiveness alternatively than candour" aft the Manchester Arena onslaught and for years continued to contiguous an "inaccurate picture" of what it had known astir the termination bomber, a tribunal has been told.
Twenty-two radical died and hundreds were injured erstwhile Salman Abedi detonated his instrumentality astatine the extremity of an Ariana Grande performance connected 22 May 2017.
More than 250 radical who were either bereaved by the bombing, oregon survived it, are suing MI5, MI6 and GCHQ astatine an Investigatory Powers Tribunal (IPT) being held astatine the Royal Courts of Justice successful London.
Neil Sheldon KC, representing the information services, argued the claimants' characterisation was "not fair".
'Inaccurate picture'
Last year's nationalist enquiry study recovered MI5 had missed a important accidental to instrumentality enactment that whitethorn person prevented the attack.
Pete Weatherby KC, representing the claimants, said MI5’s behaviour successful the years aft the bombing had "lacked candour" to bereaved families, the public, and authoritative reviews into the atrocity.
He said lone the nationalist inquiry, which questioned cardinal MI5 officers successful secret, had been capable to get a wide representation astir the lead-up to the bombing.
In written submissions to the IPT, Mr Weatherby said, anterior to work of the inquiry’s last report, MI5 had "not accepted that they had made immoderate mistakes that were materially applicable to prevention of the bombing".
Mr Weatherby added that, successful the inquiry’s last conclusions, MI5 had "presented an inaccurate representation of cardinal parts of the evidence, and the firm statements displayed retrospective justification – organization defensiveness – alternatively than candour".
Mr Sheldon said this portrayal was "not fair" and stressed: "There was nary deficiency of candour."
Mr Weatherby argued MI5’s nonaccomplishment to forestall the onslaught was truthful superior that the tribunal could reason it amounted to a quality rights breach.
But Mr Sheldon said the tribunal "could not get anyplace near" specified a decision fixed the fig of actions needed to uncover weaponry plots.
Mr Weatherby said the caller tribunal was astir the "missed opportunities" to forestall the attack.
In the months earlier the bombing, MI5 received 2 pieces of accusation astir Abedi.
The nationalist enquiry report revealed that the MI5 officers who handled the quality had understood, astatine the time, that some pieces could subordinate to terrorism.
Until then, MI5’s firm statements to the inquiry, parliament and an authoritative reappraisal said the quality had been assessed arsenic relating to non-nefarious oregon non-terrorist criminality by Salman Abedi.
The enquiry president Sir John Saunders concluded: "I bash not see that these statements contiguous an close picture."
In his written submissions to the IPT, Mr Weatherby said: "The perpetrators were not unknowns who acted spontaneously oregon with a simplicity which gave small country for discovery."
The IPT proceeding was told 3 pb cases were representing each of the claimants:
- Chloe Rutherford, aged 17, from South Shields successful Tyne and Wear, was killed successful the explosion
- Eve Hibbert, 14 astatine the time, survived the blast but suffered life-changing injuries
- Lesley Callander, who mislaid her 18-year-old girl Georgina Callander successful the attack. The tribunal heard she had been near "profoundly psychiatrically injured" by seeing her girl successful the aftermath of the bombing. Georgina died successful an ambulance with her parent by her side
Mr Weatherby rejected arguments that the existent ineligible enactment had been launched excessively late.
He said the accustomed clip bounds connected claims should beryllium extended and that it had not been imaginable to bring the lawsuit anterior to the decision of the nationalist enquiry past year.
The claimants' barrister argued the nationalist inquiry's findings had provided the factual ground for the latest claims.
Mr Weatherby said his clients "were pleased that the nationalist enquiry brought retired worldly and accusation and conclusions that had not hitherto been determination but they spot this process arsenic being the adjacent measurement successful (their) vindication".
The barrister aboriginal said the claimants were besides seeking damages.
'Full co-operation'
Mr Sheldon said the nationalist enquiry into the atrocity had been "inquisitorial" successful quality and added: "The work connected each those progressive was to springiness the enquiry the fullest imaginable co-operation that it could successful its hunt for the truth.
"As portion of its afloat co-operation to the inquiry, my lawsuit provided a self-critical interior review."
He said the reappraisal included astir however the 2 pieces of quality were handled.
"There was nary deficiency of candour," Mr Sheldon added.
He aboriginal told the tribunal it could beryllium important "to person immoderate thought of wherever this assertion is going and what it is seeking to achieve".
Lord Justice Singh and Mrs Justice Farbey, who heard the case, volition regularisation astatine a aboriginal day if the assertion volition proceed to a afloat hearing.