Blair & Cullen

Sandra Uttley

 

 

 

 

To the House of Commons

The Petition of Sandra Uttley

 

 

 

 

 

 


Declares that the terms of the Tribunals of Inquiry Act 1921 were not met in Lord Cullen’s Inquiry into the Shootings at Dunblane Primary School in 1996.

A decision was taken by both Houses of Parliament that this Tribunal should carry out an investigation into the true circumstances surrounding the massacre at Dunblane Primary School on 13 March 1996 and that Lord Cullen should report back to Parliament with his findings.  The truth, however, was concealed, and I therefore allege improper conduct at the Inquiry.   It is not surprising that Lord Cullen is so adamantly against plans for a Supreme Court …

At the time – before devolution – the Lord Advocate was a member of the British Government with a duty not only as public prosecutor for Scotland, but also as chief law officer and legal adviser to the Government.  The manifest tension between the Lord Advocate’s independent, impartial role as public prosecutor and his other role as law officer to Parliament was never resolved.  Because the Lord Advocate has no effective check on his powers a situation has resulted whereby it is now impossible to resolve this conflict within the Scottish Executive.  In legal affairs, the Lord Advocate, as a member of the Scottish Executive, is equal in power with the First Minister.  Neither the Lord Advocate nor the First Minister is prepared to address the problem of the Dunblane cover-up.  This situation was allowed to develop by Westminster and must therefore be remedied by Westminster.  When power was handed back to Scotland – with jurisdiction over its own legal system – it failed to secure any checks and balances against the absolute power of the Crown Office and the Lord Advocate in particular.

I respectfully request that:-

1/ the British Government censure the Lord Advocate for instigating and perpetuating a cover-up of the truth at the Dunblane Inquiry, in dereliction of his duty;

2/ There be a resolution and clarification of the Lord Advocate’s powers;

3/ The Petitioner further requests that the House of Commons instigates a New Inquiry to establish the truth about why 16 schoolchildren and their teacher lost their lives on 13 March 1996.

And the Petitioner remains, etc.

The Petition of Sandra Uttley (continued)
This is a formal complaint of improper conduct on the part of all the counsel involved in the Inquiry into the Shootings at Dunblane Primary School in 1996.  As a matter of urgency, there should be a New Inquiry which would involve the release of all the documents that have been sealed away for 100 years.

In his opening address at the Cullen Inquiry into the Shootings at Dunblane Primary School, the Lord Advocate (The Right Honourable The Lord Mackay of Drumadoon QC) addressed Lord Cullen:

“Sir, you will recall that at the Preliminary Hearing I made reference to my decision to grant an immunity from prosecution, and I wish to make my position clear on that matter.  I wish to make it clear that anything which any witness says in evidence before the Inquiry will not be used in evidence against him or her in any criminal proceedings in Scotland except in relation to any offence of perjury or against the course of justice”.

I have proof that several witnesses perjured themselves at the Inquiry, including certain police officers.  They are therefore guilty of perverting the course of justice, which is a criminal offence.

On 21 March 1996, the following question was asked in The House of Commons:

Mr George Robertson: To ask the Secretary of State for Scotland on what basis the inquiry into the Dunblane shootings will be established; and what will be its terms of reference. (22729)

Mr Michael Forsyth: The inquiry will be established under the Tribunals of Inquiry (Evidence) Act 1921.  This procedure, which was followed in the case of the Aberfan inquiry, will enable evidence to be taken on oath, as Lord Cullen wishes, and will attract the provisions of the Contempt of Court Act 1981.  I propose that the inquiry’s terms of reference should be:

“To inquire into the circumstances leading up to and surrounding the events at Dunblane Primary School on Wednesday 13 March 1996, which resulted in the deaths of 18 people; to consider the issues arising therefrom; to make such interim and final recommendations as may seem appropriate; and to report as soon as practicable.”

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For more than a year, I have been in correspondence with Lord Cullen, the Lord Advocate and the First Minister with my concerns about the Dunblane Inquiry.  As the Inquiry was established prior to devolution and the corruption of the inquiry happened under John Major’s Government in 1996, I respectfully argue that the House of Commons must be held responsible for this matter and must seek to redress the wrong doings of the last Government. In particular the following questions must be addressed:

1/ WHERE DID HAMILTON GO ON THE MORNING OF THE TRAGEDY?

In his original witness statement, Acting Detective Constable Graham Capes said CCTV cameras picked up Hamilton's van leaving Stirling on the morning of March 13, 1996 at 08.44 and 08.46.  The journey to Dunblane primary school would normally take about 15 minutes but Hamilton did not arrive there until 9.30.

At the Inquiry, Acting Detective Constable Graham Capes – on oath – said there were sightings of Hamilton’s van leaving Stirling at 09.12 (the above CCTV times from his original statement were ignored).  Thus, ADC Graham Capes – with the blessing of all the counsel at the Inquiry – committed perjury and so perverted the course of justice.

And the question remains, why?

I allege that someone knew that Hamilton planned to do something that morning - not necessarily what he ended up doing - and was intending to monitor his movements.  Was Hamilton being tailed?  Was he under surveillance that morning?  I allege that Hamilton planned to kill the headteacher at Dunblane Primary School and when his plan was foiled, he took his rage out on the class of children and teachers in the gym.

So, where did Hamilton go in that missing half hour?

When you consider the lengths the Soham Inquiry went to to establish the exact details of Ian Huntley’s movements on the evening of Sunday 4 August 2002, it beggars belief that those representing the different parties at the Dunblane Inquiry asked so few questions about Hamilton’s last few hours.

I have written to Lord Cullen 3 times asking if he or anyone else enquired into what Hamilton did in the missing half hour on the morning of 13 March 1996. Lord Cullen's answer to this question - via his secretary Glynis McKeand - is that he did not read any of the preparatory material, including police statements.  That is some admission, given that there were over 1,000 witness statements taken, yet less than 200 witnesses gave evidence at the Inquiry. ...

And, although Lord Cullen heard ADC Capes oral evidence at the Inquiry, he hadn't - apparently - read his original witness statement.  This suggests that Lord Cullen does not know about the lie that was told.  This fact alone merits a New Inquiry.

I repeat my allegation that Acting Detective Constable Graham Capes lied on oath at the Inquiry and that all the counsel present were aware of this fact.  In Chapter C of the productions given to all the counsel at the Inquiry, Statement 701/C states the following:

Acting Detective Constable, no. 605, Graham Capes, Criminal Investigation Department, Stirling – aged 26 – service 5 and a half years.

The Police Officer viewing CCTV and Bank video tapes from male fitting description of Hamilton on 11th March, 1996 and 12th March 1996.  Witness operated between 1st April 1996 and 3rd April 1996 along with non witnesses, Detective Constable Hughes and Detective Constable Stolarek to identify Hamilton’s movements.  This was established during the Police enquiry.

Also including the movements of Hamilton within the Clydesdale Bank, Murray Place, Stirling on Monday, 11th March 1996.  The video showed Hamilton as being within the Clydesdale Bank between 0952 hours and 0959 hours on Monday, 11th March, 1996.

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What did Hamilton need money for if he planned to kill himself on Wed 13 March?

............

The witness finally viewed tape number 000346 dated 3rd March (presumably this is a typing mistake – it should read 13th March 1996 - otherwise why was this evidence included?)  At 0844 hours, camera number 6 shows a white van fitting description Ford Escort motor van, registration number M394 KB0 travelling on Burghmuir Road, Stirling heading north west towards Burghmuir Roundabout, Camera number 4 at 0846 hours shows the vehicle travelling round the roundabout and appearing to exit towards Kerse Road, Stirling.

2/ SO, WHO WAS THE MAN SEEN TALKING TO HAMILTON THAT MORNING?

Given that Hamilton was seen by his neighbour Cathleen Boswell Kerr, getting out of or standing beside a grey saloon vehicle at some time between 0800 and 0840, any criminal court would wish to establish who the driver of this vehicle was and where Hamilton went between 0840 and 0930 when he arrived at Dunblane Primary School.  Every last detail of Ian Huntley’s actions on the evening of Sunday 4 August 2002 have been forensically examined.  It seems, at the very least, shoddy, that Hamilton’s movements on the morning of 13 March 1996 have so far evaded scrutiny.  According to neighbour Cathleen Kerr, Hamilton waved to the driver of the grey saloon car as he drove off. Hamilton then walked over to his white hire van. Cathleen Kerr said he was cheerful.  Why did Mrs Kerr not give evidence at the inquiry?  What steps were taken to trace the driver of the grey saloon car?  Was the driver of the grey saloon car a police officer?

3/ WAS THE ASSEMBLY TIME FOR PRIMARY 7 CHANGED ON THE MORNING OF MARCH 13, 1996?

There are differing versions of which group of children would normally have been in assembly at the time Hamilton arrived.  Why was this issue not cleared up at the inquiry?  Had someone been alerted that there might be an unexpected visitor to the school?

Evidence from an un-named pupil was read to the inquiry.  In it the boy stated that Hamilton regularly asked him what time the assembly started and was told 9.30am. Hamilton asked him if the younger children, like the primary 1s to 4s went to the assembly at a different time to the primary 5s to 7s.  The pupil told him the Assembly was on a Wednesday morning and that "the younger ones went after us."

This suggests that Assembly for the older children normally started each week at 9.30am.  But in his evidence at the inquiry, headmaster Ron Taylor said the following:

"The assemblies take place at the moment on a Wednesday morning, but they are rotational, because we cannot get all the children into the hall at the one time, so we rotate them.  On one Wednesday there would be the infants' assembly, which is Primaries 1, 2, 3 and 4, followed by a senior assembly Primaries 5, 6 and 7.  These dates would be rotated in relation to when was the best time for the assembly.  On one Wednesday there would be the infants' assembly, that is Primaries 1, 2 and 3, then an assembly for Primaries 4, 5 and 6, and a senior assembly for Primary 7.  These dates would be rotated in relation to when was the best time for assemblies".

When he was asked later if this had been a senior assembly what time would it normally have finished his reply was:

"It varied.  It would normally have finished about 9.40."

Certainly, Hamilton appeared to believe the pupil about Primary 5s to 7s having assembly at 9.30am every week not every other week as Ron Taylor is suggesting.

Another schoolboy witness who did not give evidence at the inquiry, said in a statement to police that he asked Mr Hamilton on Monday 11th March if football would be on at the Thursday club in Dunblane.  Hamilton replied that it wasn't, as he was "going to see a man in Dunblane".

4/ DID HEADTEACHER RON TAYLOR MAKE A 999 CALL OR AN ORDINARY CALL?

If Mr Taylor made an ordinary call to Stirling Police HQ, who did he phone?   On the first day of the Inquiry, Detective Chief Superintendent John Ogg clearly states in his evidence it was an 'ordinary' call, not a 999 call.   On the second day of the Inquiry, Ron Taylor said he did not know the number of the local police station (even though the Dunblane office number is an extremely easy number to remember, 822222) so he dialled 999 (I believe that Mr Taylor phoned Stirling Headquarters, not the local Dunblane office).  On the third day of the Inquiry, Acting Detective Constable Graham Capes stated that he had been told by a sergeant that there was a tape of the 999 call.  This tape must be played at the New Inquiry so that the matter of the crucial call for help is cleared up once and for all.  If ADC Capes lied about the CCTV times, it is possible he also lied about the tape.

5/ WHAT TIME DID THE FIRST UNIFORMED POLICE OFFICERS ARRIVE AT THE SCENE?

Lord Cullen said in his report that the ambulance service arrived at the school at 9.57 am and the police at 9.50 am.  The ambulance times have been confirmed by ambulancewoman Alison Irvine - not an inquiry witness - who made a statement indicating she and colleague Lesley Haire did indeed arrive at the school at 9.57am.

However, she further stated that there were no police cars or police officers there - just a man who told them he was an 'off duty policeman'.  She was told they were the first to arrive.  The ambulance staff then radioed their control room to say they were dealing with a major incident.  Police witnesses said at the inquiry they were at the school at 9.50am.  The Accident and Emergency Department at Stirling Royal Infirmary received initial notification of a shooting incident at Dunblane at 9.48am.  Who from?  Why were no uniformed officers present at the scene at 9.57am when Lord Cullen states they arrived at 9.50am?

6/ WHO WAS THE OFF DUTY POLICE OFFICER?

One of the first people to arrive on the scene was an unnamed off-duty police officer.  This man followed the headteacher into the gym and instructed Ron Taylor and janitor John Currie to leave the gun alone.  Who was he?  And why has his identity been concealed?

7/ WHY WAS THE ONLY EYE WITNESS TO HAMILTON'S SUICIDE NOT CALLED TO GIVE EVIDENCE AT THE INQUIRY?

David Duke Scott is said to have seen into the gym from the art class.  But the location of the art class was not shown in the aerial view photograph of Dunblane Primary School at the back of the Cullen Report.  So it is not possible to work out where David Scott would have been in relation to the gym and whether he would have had a clear view.  Why is this detail missing?

8/ WHY DID LORD CULLEN WRITE IN HIS REPORT THAT HAMILTON PLACED THE MUZZLE OF THE REVOLVER IN HIS MOUTH, POINTING UPWARDS AND PULLED THE TRIGGER?

David Scott is only reported as saying - by a third party - that he saw the gun "close to his face".  He did not say he saw Hamilton put the revolver in his mouth.

9/ WHO ENTERED THE GYM WHILST HAMILTON WAS STILL FIRING?

Eileen Harrild, the first teacher shot by Hamilton, was asked at the inquiry to estimate the time gap between the shooting ending and the first member of staff arriving.  She said 'I think possibly it was more towards the end of the shooting'.  She did not see who this person was because she had taken refuge in a storeroom.  So who entered the gym while Hamilton was still firing?

10/ WHY WERE THE FIRE EXIT DOORS OFF THE GYM STOREROOM LOCKED?

The injured teachers and children had to hide from Hamilton in the storeroom.  If the fire exit door had not been locked, they could have escaped from the building.  Were these fire exit doors usually locked?

11/ WHY HAS HAMILTON'S POST MORTEM BEEN KEPT FROM THE PUBLIC?

We know that he was given a full dissection.  Pathologist Professor Anthony Busuttil said the cause of death was "gunshot injury".  But this does not explain the manner of his death, whether or not it was self-inflicted and if there were other gunshot injuries that were not fatal.  If it was a simple suicide why have the details been included in the documents hidden from the public for 100 years?  Were there other injuries?  What wounds did Hamilton's body show?  Can we even be expected to believe what is in Hamilton’s post-mortem anyway, when his body was hastily cremated and can now NEVER be re-examined?

12/ HOW MANY EXIT WOUNDS WERE THERE FROM HAMILTON'S HEAD?

The parents of a child who was uninjured in the attack on Class 1/13 that morning, gave a statement which suggests that Hamilton was discovered lying with his head close to a wall … (and this is confirmed by Scene of Crime Officer Malcolm Chisholm).  The parents of this child state that whilst they were in the gym they noticed two bullet holes six inches from the floor and around two inches apart.  This was at the top end of the room and at the spot where they were informed Hamilton had shot himself.  They said there were no other bullet holes in that wall but they saw a number of bullet holes in the other walls.  They had a theory explaining what might have happened, presumably from what their child had told them.  This theory suggests someone fired into the walls at the bottom end of the gym at the point where Hamilton had re-entered the gym.  But the crucial documents telling the truth of what might have happened have been hidden away for a century.  Is this deliberately to prevent the detail of their theory being told until 2096?  What do the words say that have been removed?  Why have they been removed?  Did Hamilton administer 2 gunshot wounds to his own head?

13/ WHERE DID THE LARGE CASE CONTAINING ADDITIONAL AMMUNITION FOUND NEAR THE GYM DOOR COME FROM?

Scene of Crime Officer Malcolm Chisholm says he was told it belonged to Hamilton.  There are no witnesses who testified to seeing Hamilton carrying a large case into the school and certainly not into the gym.  In Lord Cullen's report, there is no mention of this case.  Scene of Crime Officer Malcolm Chisholm gave evidence that on Hamilton's body there were "2 pouches - one appeared over one shoulder and hung down and the other was over the other shoulder and hanging down".

Lord Cullen wrote in his Report: "Over each shoulder he had a canvas bag which contained ammunition.  The bags had been tied open so that they could not close accidentally.  They also had cardboard inserts so that they would not collapse".  There is no mention in Lord Cullen's report of the case of ammunition.

14/ WHO SAW WHAT?

Why did police photographer Ian McDiarmid state that there were boxes of ammunition found in the rear bedroom of Hamilton's house when Detective Chief Superintendent John Ogg stated the ammunition was found in the lounge and the magazines were marked with coloured tape?

15/ JUST WHAT DID THEY FIND?

Some witnesses suggest Hamilton had two guns at the primary school, others four.  Malcolm Chisholm and David Gould differ over the details of their examination of the guns.  Why were these vital issues not properly clarified at the Inquiry?  Why has the Scene of Crime report been hidden away until 2096?   Who are we supposed to believe?  Malcolm Chisholm or David Gould?

16/ WHY THE DELAY?

Why were photographs of the crime scene not taken until late in the afternoon?  Why, despite concerns that Hamilton's body might be booby-trapped, was the bomb disposal centre not alerted till 2.30pm?  And why were there people present in the gym when the bomb disposal expert arrived, at the very late hour of 3.20pm?  The gym was supposed to have been evacuated at noon because of concerns about a booby trap.  Why did the Scene of Crime Officer Malcolm Chisholm say in evidence that "it seemed ages" before they were allowed back into the gym, when David Gould stated in his evidence that he was only in there about 15 to 20 minutes?  Chisholm states that in the 2 hours or so that he believes they were out of the gym, they "took time to have something to eat".  Are we really supposed to believe this?

17/ MOVING OR MOVED?

Head teacher Ron Taylor said he thought Hamilton's body had moved.  Did he mean it was "moving" or had been "moved"?  If Hamilton's body was moving and he was still alive, was he refused medical treatment?  Why did Dr Jack Beattie only refer to there being one dead adult in the gym when there were two?  If Hamilton's body had been moved, who moved it?  And why?  At some stage between being found in the gym and it being removed from the gym, Hamilton's body became partially unclothed.  What was the reason for this?  And who took the clothes?

18/ WERE WE TOLD THE TRUTH ABOUT HAMILTON'S FINANCES AT THE INQUIRY?

Police statements show that he obtained 2 credit cards and apparently spent freely at the end of 1995 and early 1996, despite being unemployed.  This was obscured at the Inquiry.  What inquiries were made to ascertain whether Hamilton was blackmailing or being blackmailed?

19/ QUEEN VICTORIA SCHOOL

Hamilton had links with the Queen Victoria School in Dunblane. There are suggestions from a former housemaster that boys there were abused and that Hamilton was a regular visitor.  Who were Hamilton's contacts at QVS?

20/ WAS HAMILTON PROTECTED BY A SENIOR POLICE OFFICER FROM THE MID 1970s THROUGH TO 1996?

Another police witness who would appear to have lied on oath is Acting Chief Inspector Michael Mill.  In Chapter L, it is made quite clear that Mill first came into contact with Hamilton in the mid 1970s when he was part of Central Scotland Police Underwater Diving Team at Loch Lomond.  Yet on oath, Mill claims he first knew of Hamilton around 1981, through Hamilton’s wood shop.  I allege that it was Mill who introduced Hamilton to the island of Inchmoan on Loch Lomond, where Hamilton carried out his sadistic treatment of boys at the euphemistically named “summer camps”.  I would further allege that DCC Douglas McMurdo carried the can for Michael Mill in order to protect Central Scotland Police from legal action by the bereaved and injured children's parents.  Mill was responsible, in 1986, for authorising a second weapon of the same type and calibre that Hamilton already had, on the basis that Hamilton was “active in competition shooting”, which everyone knew not to be the case.

It was always assumed that Hamilton had to have been supported by a senior police officer in Central Scotland Police to have been allowed to possess two 9mm Brownings.  It was also always assumed that Hamilton had to have been protected by a senior police officer in Central Scotland Police to have continued for so long with all of his activities, when the majority of right-minded people knew exactly what Hamilton was about.  What we never knew before was WHO this officer was.

Sandra Uttley

[Ed ~ Address removed at the behest of the Petitioner.]

Tel 01947 840071                                                                   
Email: SandraUttley@aol.com

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