The formal opening of the second Bloody Sunday inquiry heard there would be no initial offer of "blanket immunity" to witnesses. The English law lord heading the inquiry also raised the possibility of the former British prime minister, Sir Edward Heath, being requested to assist the inquiry.
The tribunal chairman, Lord Saville, pledged at the formal opening in Derry's Guild Hall yesterday that the inquiry would be fair, thorough and impartial. The tribunal proper, which could last for 12 months, will begin in the Guild Hall in the autumn, with occasional sittings in London.
Lord Saville adverted to the severe criticism of the original Widgery inquiry, which effectively exonerated the British army for killing 14 unarmed civilians in the city in January 1972, and said the British government had not interfered in this new inquiry.
"I should make it clear that in no shape, manner or form has the government sought in any way to suggest how we should conduct the inquiry, or indicated what conclusion it would like us to reach."
He said the inquiry would deal with what happened on January 30th, 1972, how it happened, and - crucially for the families of the dead and those who have campaigned for the inquiry - why it happened.
Asked about allegations of a "political background" to Bloody Sunday, Lord Saville said to find out what happened "you can't divorce why it happened".
Also viewed as significant in this context, he said the inquiry would not merely focus on the events of the day but would have "proper regard to what led up to those events. Thus we shall be looking at the background to Bloody Sunday to the extent necessary to enable us to reach as informed a conclusion as possible."
This prompted journalists to ask Lord Saville if Sir Edward Heath, senior army commanders and former Stormont ministers would be asked to give evidence in person.
Lord Saville said he could not say with certainty who would give evidence. But he added: "We will want to interview, take statements, from everybody we think will be able to provide us with material assistance, whether that be from government, people here that day or anybody else."
Lord Saville, who is accompanied on the tribunal by Sir Edward Somers, a retired New Zealand judge, and Mr Justice William Hoyt, a Canadian judg,
said he would be examining confidential British government and Stormont documents relating to Bloody Sunday. He said the British government had not given any undertaking that it would not use public interest immunity certificates to prevent some files being disclosed. However, even if those certificates were invoked, the tribunal would still have access to documents to determine for itself whether they were vital to the inquiry.
Lord Saville said it was not an investigation into how Lord Widgery conducted his inquiry, but a new inquiry designed to ascertain the truth about what happened on Bloody Sunday. The tribunal has the power to subpoena witnesses and insist on the production of documents. "We hope that it will not be necessary to invoke this power, but we shall do so if we conclude that our search for the truth requires it."
Lord Saville said it would be foolish to ignore allegations that British soldiers committed murder on Bloody Sunday. All who gave evidence including soldiers would have the same rights and privileges as those who gave evidence before an ordinary court.
He added: "We have considered whether to recommend to the attorney general at the outset that there should be an immunity from prosecution for all who give evidence. The reason for doing this would be to encourage people to come forward and to speak frankly with no inhibitions.
"We have decided, however, not to make such a blanket recommendation at this time, but instead to look again at the question in the course of carrying out our investigations, when it may be possible to see more clearly whether the grant of immunity in any given case, or group of cases, is necessary for the purpose of carrying out the object of the inquiry."
The SDLP leader, Mr John Hume, welcoming the inquiry, said he thought Lord Saville's opening statement very comprehensive. "The tribunal will have the power to seek all evidence and that is central to establishing the full truth." The Sinn Fein chairman, Mr Mitchel McLaughlin, gave a guarded welcome to the inquiry. He expressed concern that the British government might cite the immunity certificates to prevent the truth emerging.
