Legal challenge over Carl Sargeant sacking inquiry to be heard today

A legal challenge into a decision to ban the family of Carl Sargeant from questioning witnesses during an inquiry into Carwyn Jones’ role over the sacking of the Alyn and Deeside AM will be heard today.

The widow of Carl Sargeant, Bernie, wants lawyers to be allowed to question witnesses.

Mr Sargeant was found dead at his Connah’s Quay home in November 2017 just days after Carwyn Jones sacked him from his job as communities and children secretary.

Following the death of Mr Sergeant death, former First Minister called for investigation to look how he handled the sacking of Mr Sargeant.

The inquiry is led by Paul Bowen QC as chair and independent investigator, but the operational protocol was drafted by Permanent Secretary Shan Morgan, who reported to the then First Minister.

Mrs Sargeant says that the decision-making by Carwyn Jones and the Permanent Secretary in relation to the inquiry was done without properly consulting her.

Specifically, she is challenging the following decisions:

-to bar the family’s lawyers from being able to question witnesses;
-to allow the independent investigator to bar the family from hearings;
-to prevent oral evidence from being heard in public;
-to prevent the independent investigator from being able to order witnesses to give evidence.

She is also challenging the decision by the government to send out a memo to all Welsh government civil servants in June asking them to notify the Permanent Secretary or her colleagues in governance or HR if they had evidence directly relating to the inquiry, rather than go direct to Mr Bowen.

According to Hudgell Solicitors and amendment was hurriedly sent advising staff that they could also contact the inquiry.

However, Mrs Sargeant’s lawyers argue that this request may have hampered the inquiry and, despite the amended message, it still read as if to impose a requirement to share evidence with the Permanent Secretary before the independent investigator.

Neil Hudgell of Hudgell Solicitors represents Mrs Sargeant. He says: “Getting answers for the Sargeant family is turning into a hugely difficult and drawn-out process, but we hope that this week’s hearing will get the family one step closer to a meaningful enquiry.”

The hearing will be in front of Lord Justice Haddon-Cave and Mr Justice Swift.