UPDATED PRESS STATEMENT – 24TH JANUARY 2024 – ON BEHALF OF THE BEREAVED, FOLLOWING NATIONAL CLINICAL DIRECTOR – JASON LEITCH’S EVIDENCE THIS MORNING

UPDATED PRESS STATEMENT ON BEHALF OF THE BEREAVED, FOLLOWING NATIONAL CLINICAL DIRECTOR – JASON LEITCH’S EVIDENCE THIS MORNING

Aamer Anwar- Lead Solicitor Scottish Covid Bereaved 

 In recent days there are those who have developed selective amnesia on the promises made by the Scottish government, but there is no conspiracy, it is by her own words that the former FM Nicola Sturgeon is being judged. Ms Sturgeon was asked in August 2021, by Channel 4’s Ciaran Jenkins- “can you guarantee to the bereaved families that you will disclose emails, WhatsApps, private emails if you’ve been using them, that nothing will be off limits in this inquiry? 

Ms Sturgeon responded: “I think if you understand statutory public inquiries you would know that even if i wasn’t prepared to give that assurance, which for the avoidance of doubt i am, then i wouldn’t have the ability.”

It is a matter of public record that the former first minister Nicola Sturgeon has deleted her messages, the same applies to former Deputy First Minister John Swinney and we had it confirmed to be the case for the National Clinical Director Jason Leitch his evidence. The absence of minutes of gold meetings and the industrial scale deletion of the discussions around the decision making, means it is impossible to properly scrutinise and interrogate the decision making process or rationale. 

Evidence of texts retrieved from others involving Jason Leitch tends to suggest that he along with senior civil servants were keen to delete messages that would otherwise be  recoverable in a FOI requests. Mr Leitch was referred to a group text of an emoji with a mouth zipped over, with the words @clear the chat”,  to which Mr Leitch flippantly responded WhatsApps deletion was a ‘bed-time ritual’ whilst Ministers were left to mark their own homework in deletion of their WhatsApps.

Saying “we are co-operating is one thing, doing it, is quite another”, today Jason Leitch confirmed the wholescale deletion of WhatsApps. The covid bereaved found it insulting in recent days that they were accused of conspiracy and smears, they have done nothing of the sort, they have issued statements based on the evidence that we have seen. Evidence was led today that showed senior civil servants in group texts were asking others including Jason Leitch to delete the chat because it was FOI-able. This begs the question why was there an attempt circumvent the FOI legislation, other than to escape scrutiny. It was repeatedly put to Mr Leitch by Counsel to the Inquiry that his interpretation of the guidance in order to delete messages was wrong- Mr. Leitch denied this .

As National Clinical Director it was clear that Mr Leitch had direct access to the key decision makers including the former first minister, but no WhatsApps were retained by him or Ms sturgeon, despite their communicating over covid. For the last year we have been occupied with forensically poring through hundreds and thousands of documents, emails and WhatsApps. The chair will reach her conclusions not only after the evidence of hundreds of witnesses, but also the perusal of hundreds and thousands of pages of documents, Texts, emails and WhatsApps that we have in our possession.

The High Court in England had already determined that it was for the inquiry to judge what was relevant and not UK government ministers and to hand over their WhatsApps, that judgement also applied to Scotland. That clearly is impossible for the likes of Jason Leitch, John Swinney and Nicola sturgeon.

It is an important principle of government transparency and accountability, that official records are kept of key actions and decisions, that applies to both the UK and Scottish government.

The Scottish Covid Bereaved are entitled to know why our politicians have not been forthcoming about what materials they hold, and so much has been destroyed. Our clients have asked for the consideration of a criminal complaint and a formal complaint to the Information Commissioner Officer who already has serious concerns- We will take all necessary steps once the evidence is completed.

Fundamental questions remain when WhatsApps were destroyed and why. I said at the start of this process that no individual, no matter how powerful can be allowed to interfere with the pursuit of truth & justice, those who lost their lives to Covid-19 deserve nothing less.