The tribunal conducting the Bloody Sunday inquiry yesterday gave notice to a newspaper and a journalist that charges of contempt of court will be considered because of the destruction of potentially important evidence.
Lord Saville, chairman of the tribunal, said he viewed with "very grave concern" the action of Mr Toby Harnden of the Daily Telegraph in destroying his notes and tapes of conversations earlier this year with two soldiers who were involved in the events of Bloody Sunday.
Mr Harnden and the Daily Telegraph had been ordered by the tribunal to produce the full accounts given by the soldiers. They failed to do so and their counsel sought, earlier this week, to have the orders set aside.
Mr Harnden said the soldiers agreed to be interviewed on the understanding that he would not disclose their identities to anyone.
In his statement, he said: "It was my decision to destroy the material, even though normal journalistic practice would be to keep it. I did so because of the possibility that I might subsequently be ordered by the tribunal, or another authority, to surrender it."
When the matter first arose at the hearings this week, Mr Christopher Clarke QC, counsel to the tribunal, suggested this might be "an interference with the course of justice in these proceedings and an attempt to put himself beyond the reach of the law".
Yesterday Mr Clarke said there was a "preponderating need" to know both the identities of the soldiers and the full content of their conversations with Mr Harnden.
Mr Andrew Nicoll QC, for the newspaper and Mr Harnden, said that his clients would vigorously dispute that what had been done was in contempt of court.
Lord Saville said the tribunal would be considering whether to refer the matter to the proper authorities. This did not only refer to any question of contempt but also "as to whether your clients have committed criminal offences".
He proposed to adjourn the matter but told Mr Nicoll his client was under a legal obligation to return to the tribunal at a future date. Earlier, Mr Nicoll had apologised on behalf of the Daily Telegraph over a misleading letter sent to the tribunal's solicitor in Mr Harnden's name, but which had not been signed by him, nor had he seen or approved its content before it was sent.
Lord Saville said the tribunal was prepared to accept the apology. He added: "We would be grateful for your assurance that most rigorous efforts will be made not again to mislead the tribunal."
The inquiry then heard submissions concerning procedural aspects of the forthcoming oral hearings. Sir Allan Green QC, appearing for soldier H, who is to be an important witness, submitted that there should not be any "cross-firing" of allegations, as this would only lead to confusion.
The tribunal has deferred a decision that soldiers' evidence should be taken in London rather than Derry.
The main hearings, are expected to begin at the end of March.