Carl Sargeant: judicial review into investigation refused

Rhondda Cynon Taf council  Carl Sargeant visiting a regeneration project in PontypriddRhondda Cynon Taf council
Carl Sargeant was fired following allegations of sexual harrassment

A legal challenge against the format of a probe into the sacking of the late minister Carl Sargeant has been refused by the High Court.

Mr Sargeant's family had sought a judicial review into the process of the investigation, led by Paul Bowen QC.

First Minister Carwyn Jones sacked Mr Sargeant from the Welsh Government last year after claims of sexual harassment.

The former AM for Alyn and Deeside was found dead at his home days after he was fired.

His family had wanted their lawyers to be able to cross-examine witnesses as part of the process.

An inquest heard the provisional cause of Mr Sargeant's death was hanging.

Getty Images Royal Courts of JusticeGetty Images
The request to the High Court for a judicial review against the investigation was refused

'No grounds'

In dismissing the request for permission to apply for judicial review, Mrs Justice Farbey said there were "adequate provisions for the claimant to put questions through the investigator and/or his counsel."

"There are no grounds for supposing that the investigator will not apply those provisions fairly," she wrote.

The family had argued that the investigator Mr Bowen had failed to "consult the claimant about procedural matters".

But Mrs Farbey said this was "unsustainable on the evidence".

"Not least, the claimant selected the investigator."

She said there was no principle that evidence in an inquiry should be heard in public, and that the Welsh Government had given "sound reasons for requiring evidence to be heard in private".

A spokeswoman for Hudgell Solicitors said: "We have received confirmation from the High Court that our application for permission to apply for Judicial Review has been refused and are currently discussing the position with our client and counsel."

The Welsh Government, which commissioned the investigation, said: "The claimants now have seven days to apply for a reconsideration of this decision. The timings of the independent inquiry are a matter for Mr Bowen QC."