The investigation
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Prior to accepting Mr A’s case for investigation, my Office spent over a year attempting to reach an informal resolution with the MoD. This involved much correspondence between us and the MoD and a meeting with them to discuss the issues at stake.
Our attempts to achieve such a resolution were informed by our wish to impose as little further distress on Mr A and his siblings as was possible in the circumstances: distress which a detailed investigation might cause them. Unfortunately, our attempts were unsuccessful and I felt that a full investigation was the only way to resolve Mr A’s complaints satisfactorily.
That investigation began on 9 April 2009 when I wrote to the then Permanent Under-Secretary of State for Defence, Sir Bill Jeffrey, seeking his formal response to the allegations contained in the complaints. I wrote on the same date in similar terms to the Chief Executive of the Agency.
In the course of the investigation we have made enquiries of the MoD and the Agency, considered their responses and examined their files. We have also obtained evidence from other sources. My officers have obtained accounts from individuals relevant to the investigation by examining the evidence given in the court hearings as well as the judgments relating to Mrs Elias’ case.12
We have also obtained accounts of events relevant to the investigation by examining the reports that have been written on the original scheme. One of my officers interviewed Ron Bridge, the Chairman of ABCIFER, who was consulted by the MoD at various stages of the development of all three schemes. Another one of my officers interviewed Mr and Mrs A at their home in Sydney, Australia.
I have not included in this report all the information we have considered during the course of the investigation. However, I am satisfied that nothing has been omitted which is of significance to my determination of the complaints made by Mr A on his own behalf and that of some of his siblings.
A full chronology of relevant events is set out in Annex B to this report. What follows is a summary of the key facts relevant to my findings. The full entries in the chronology for each relevant date contain further information about the facts and events summarised below.
