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Title on report 'doesn't defy High Court ruling'

By Chris Thornton
Thursday, 25 January 2007

Today's report is published with the Interim Victims Commissioner's title on the cover - but Bertha McDougall's office has insisted that she is not defying a High Court order to issue it in her own name.

Lord Justice Girvan ruled earlier this month that Mrs McDougall could go ahead and publish her report.

The judgment brought an end to a lengthy court action over her appointment. The judge said Mr Hain acted illegally in appointing her.

But he indicated that in his judgment that he expected her to "complete her work in her own name, thereby distancing herself from the illegality of the appointment process".

As well as the cover title, Mrs McDougall is described as the Interim Commissioner for Victims and Survivors in a letter to Mr Hain contained in the report.

However, a spokeswoman for Mrs McDougall said the report was printed before Lord Justice Girvan's judgment was delivered ten days ago. The report appears to have been printed before the judge ruled, but after Mrs McDougall indicated to the court that she was willing to produce the report in her name.

Just before Christmas, Mrs McDougall lawyers "indicated a willingness to complete the work in her own name". At that stage, the court was told her report was undergoing its final proofs.

Mrs McDougall's spokeswoman said: "The absolute intention is that this is being issued by Bertha McDougall to reflect the judgment."

She said an addenda would be issued with the report making it clear that Mrs McDougall is no longer Victims Commissioner.

A press release accompanying the report says Mrs McDougall "was the Interim Commissioner". Mr Hain has said he will appeal the judgment that says he acted illegally.

A separate review is looking at allegations that the NIO tried to pervert the course of justice by hiding material from the court.

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