The inquiry's three judges are considering the possibility of recalling the Chief of the General Staff, Gen Sir Michael Jackson, to question him about his role, if any, in the compiling of a British army document about the Bloody Sunday killings which was described as "a Mickey Mouse list" by the inquiry's counsel Mr Christopher Clarke.
The document was produced to the inquiry by the Ministry of Defence last week, two months after Gen Jackson had given his evidence about the killings by paratroopers of 13 civilians in Derry in January 1972.
The handwritten document, described as "important" by the inquiry's chairman, Lord Saville, is a contemporaneous "shot list" of shooting engagements by paratroopers on Bloody Sunday. It was described by Mr Clarke as "plainly and glaringly inadequate" because it provided no account of the deaths of most of the unarmed civilians shot dead on Bloody Sunday.
When he gave his evidence to the inquiry two months ago, Gen Jackson, who was a captain in the Parachute Regiment, said he had no recollection of taking part in the process which involved interviewing soldiers who had opened fire on the day.
However Mr Clarke said that it was now "common ground" within the hearing that the document had been written by Gen Jackson.
Lord Saville said it might now be necessary to "seek further information from Gen Jackson or even to recall him" and he added that the inquiry's three judges "are not disposed, at present, to accept that there is any sensible foundation for an allegation of conspiracy".
Meanwhile, the hearings were prematurely adjourned yesterday when a former soldier, who had submitted a statement to the inquiry two years ago, refused to give evidence. The retired soldier, who was a lance bombardier in the Light Air Defence Regiment on Bloody Sunday, arrived at Central Hall to give his evidence, but he refused at the last minute to take the witness stand.
"We have considered the matter and we have come to the conclusion, in all the circumstances, having looked again at his statement, that we see no good reason to compel him to give evidence and we will treat his statement in like manner as that which we do to all other witnesses whose statements are read and who are not called to give oral evidence," said Lord Saville.
In his statement, the former soldier described Bloody Sunday as "horrendous". He said he was tasked to observe the march from the walls of Derry overlooking the Bogside. "Tension was high. I knew that members of illegal organisations could come in all shapes and forms, whether a member of the IRA. or other illegal organisations. I knew that they would use whatever cover they could to engage in acts of violence against the army, troops and the RUC", his statement said.
"Thirteen people were shot that day for a good reason by professional soldiers. Soldiers do not just open fire on people for no good reason. It would not bother me to go over to Northern Ireland and tell the families of the deceased men that their sons were members of illegal organisations", the statement added.
The inquiry continues today.