29 April 2004: Public Inquiry into the Murder of Zahid Mubarek

Home Secretary David Blunkett has announced a public enquiry into the murder of Zahid Mubarek at Feltham Young Offender Institution. The inquiry will be a non-statutory inquiry. While a statutory inquiry would have the power to compel witnesses to attend and give evidence, or face contempt of court proceedings, there is no power under the Prisons Act for the Home Secretary to set up a statutory inquiry.

Civil servants would be expected to co-operate with a non-statutory inquiry under their implied contractual terms and the Civil Service Code. That includes answering all questions and giving a full and truthful account. There is no real difference in cost, time or scale between a statutory and non-statutory inquiry.

Mr Blunkett stated:

"I am today announcing that, in line with the House of Lords judgement on 16 October 2003, I have established a public inquiry into the murder of Zahid Mubarek at Feltham Young Offender Institution in March 2000. The Honourable Mr Justice Keith will chair the inquiry; he will be assisted by three expert advisors who will provide advice and support to the inquiry on matters relating to race, prison operations and issues affecting prisoners. The inquiry will start immediately with the following terms of reference:"

"In the light of the House of Lords judgement in the case of Regina v. Secretary of State for the Home Department ex parte Amin, to investigate and report to the Home Secretary on the death of Zahid Mubarek, and the events leading up to the attack on him, and make recommendations about the prevention of such attacks in the future, taking into account the investigations that have already taken place - in particular, those by the Prison Service and the Commission for Racial Equality."

A report of the inquiry, subject to matters of confidentiality, will be published."