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    MULTI AWARD WINNING SCOTTISH LAWYERS

    PRESS RELEASE – 27TH JULY 2023 – THE ‘CONTROVERSIAL’ EVIDENCE OF DR ASHLEY CROFT ON DAY 2 OF THE SCOTTISH COVID19 PUBLIC INQUIRY

    Press Statement issued by Aamer Anwar- Lead Solicitor for the Scottish Covid Bereaved.

    Following the robust criticism by the Scottish Covid Bereaved describing yesterday’s start of the Scottish Inquiry as ‘demeaning, shambolic and disrespectful’, Lord Brailsford responded this morning as follows:-

    “There are two things that I would want to do before we start formally. The first one that is a little formal statement by myself. Now, I realise that some of you attending or watching yesterday may have expected to see or hear more in the way of acknowledgement of the impact the pandemic had on individuals and families. 

    The reason that didn’t happen is that this presentation was not designed as a formal hearing of the Inquiry, but as a session on epidemiology on science. The focus of this session is to help those interested in the work of the Inquiry understand more about the underlying science which will form the basis of much of our investigation, and of course deliberation throughout the coming no doubt many months. 

    On the 28th and 29th of August, as I told you yesterday, we will have a further hearing, or we will have a hearing, and the focus will then shift from the science to the people affected by the virus and the strategic response to the virus. On those days, we will hold we consider to be our official Preliminary Hearing and that will constitute a formal opening to the Inquiry’s evidence gathering and hearings to follow – which I think again as you all know will commence late in October. 

    At that stage in August, there will be an opportunity for core participants to the Inquiry including of course bereaved families, care home relatives, and others affected to participate. We also plan to show a film of that hearing to highlight the impact of COVID on people, to signal the beginning of our hearings dealing with impacts on the people of Scotland. 

    I should say that I’m grateful to those families and individuals who provided photographs which we’ve used in that film, and I thank them for their contribution and their ongoing participation in the Inquiry. They are and will continue to be at the forefront of my mind when conducting the work of the Inquiry and when it comes to deliberating and considering the report. 

    As I said yesterday, core participants will receive a communication from the Inquiry next week providing more and detailed information about what to expect from the August hearings and how they should participate there and so I hope that clarifies matters…..”

    Once again, the bereaved were left wondering why it is so hard for the Inquiry to pay its respects to those who died from Covid and their bereaved families. There is never an inappropriate time for the Covid Inquiries to memorialise and pay tribute to those who lost their lives to Covid19.

    After all, the Inquiry started yesterday, the presentation took place in public and as the Inquiry were more than aware, the Scottish Covid Bereaved were present in number and many were watching online.

    Confidence in this Inquiry has also been badly damaged, by the evidence of Dr Croft; he was asked to comment on issues such as the efficacy of mask wearing, other forms PPE or other measures during the end period from later 2019 to the end of 2022 to prevent or restrict transmission of the virus and, the utility or otherwise of handwashing, social distancing rules or guidance, social isolation measures or guidance for those at risk and or those infected, Covid-19 specific treatments, vaccines at various stages etc.

    Dr Croft was asked to stray beyond what we and the public understand the presentation purports to be about. Indeed, the Scottish Covid Inquiry website stated:

    “Dr Croft will present his report on the accepted scientific and medical understanding of coronavirus and COVID-19 as it existed in late 2019 and developed during the pandemic, up until the end of 2022”.

    To be blunt issues relating to significant issues such as the provision of PPE to the public and medical, health and care staff surely cannot be encompassed in an epidemiological presentation.

    Over the last two days the bereaved consider that Dr Croft was a deeply unimpressive witness and believe his analysis was flawed and was in stark contrast to the ‘gold standard’ evidence of eminent experts who have already spoken at the UK Inquiry.

    Fundamentally, Dr Croft did little to instil confidence in his analysis of the epidemiology generally, he appeared to stray into areas out with his expertise. At the UK Inquiry, we heard epidemiological evidence from the world class and eminent Professor Heymann.

    On a number of occasions, Dr Croft strayed into the discipline of psychology and was asked to provide a “whistle stop tour” of Covid19 for the Scottish Inquiry. It is still not clear what the status is of the presentation by Dr Croft: Is it classed as evidence or a presentation? If it is not evidence, what status does the presentation hold, to put it bluntly why have it in the first place? In an Inquiry that has spent up to £8 million, the bereaved are questioning why the necessity for scene setting by this witness over the course of two days.

    The Scottish Covid Bereaved whom we represent fought hard to secure a robust and fearless “Scottish” Inquiry. The families previously lost confidence in the Inquiry headed by Lady Poole. Sadly, this start for the families appears flawed and failing in what the Scottish Covid Inquiry was set up to do.

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