23
McCANN AND OTHERS v. THE UNITED KINGDOM JUDGMENT
100. In the report compiled by the Spanish police on the device dated
Madrid 27 March 1988, it was concluded that there was a double activating
system to ensure explosion even if one of the timers failed; the explosive
was hidden in the spare-wheel space to avoid detection on passing the
Spanish/Gibraltarian customs; the quantity of explosive and use of
cartridges as shrapnel indicated the terrorists were aiming for greatest effect;
and that it was believed that the device was set to explode at the time of the
military parade on 8 March 1988.
101. Chief Inspector Correa, who acted also as Coroner’s Officer, traced
and interviewed witnesses of the shooting of the three suspects. Police
officers visited residences in the area knocking on doors and returning a
second time when persons were absent. The Attorney-General made two or
three appeals to the public to come forward. At the inquest, Inspector Correa
commented that the public appeared more than usually reluctant to come
forward to give statements to the police.
102. A post-mortem was conducted in respect of the three deceased
suspects on 7 March 1988. Professor Watson, a highly qualified pathologist
from the United Kingdom, carried out the procedure. His report was
provided to a pathologist, Professor Pounder, instructed by the applicants.
Comment was later made at the inquest by both pathologists with regard to
defects in the post-mortem procedures. In particular, the bodies had been
stripped before Professor Watson saw them, depriving him of possible aid
in establishing entry and exit wounds, there had been no X-ray facilities and
Professor Watson had not later been provided either with a full set of
photographs for reference, or the forensic and ballistics reports.
I. THE GIBRALTAR INQUEST
103. An inquest by the Gibraltar Coroner into the killings was opened on
6 September 1988. The families of the deceased (which included the
applicants) were represented, as were the SAS soldiers and the United
Kingdom Government. The inquest was presided over by the Coroner, who
sat with a jury chosen from the local population.
104. Prior to the inquest, three certificates to the effect that certain
information should not, in the public interest, be disclosed, were issued by
the Secretary of State for the Home Department, the Secretary of State for
Defence and the Deputy Governor of Gibraltar, dated respectively
26 August, 30 August and 2 September 1988. These stated that the public
interest required that the following categories of information be protected
from disclosure:
1. In the case of the seven military witnesses, the objection was to the
disclosure of any information or documents which would reveal:
(i) their identity;