Manchester Arena Inquiry: Bomber's brother demands immunity

Ismail Abedi has so far refused to answer questions in case he incriminates himself

The elder brother of the Manchester Arena bomber has demanded his evidence be barred from use in a criminal prosecution before he will appear at the public inquiry into the atrocity.

Ismail Abedi, 27, from Manchester, has previously refused to answer any of the inquiry's questions.

He claimed a general privilege against self-incrimination.

His lawyers have now asked the chairman to seek a formal undertaking from the Attorney General.

They want it to prevent the use of evidence by Ismail to the inquiry being used against him in any future criminal proceedings.

The application was opposed by lawyers representing bereaved families.

Twenty-two people were killed and hundreds were injured on 22 May 2017 when Salman Abedi detonated a bomb at the end of an Ariana Grande concert.

'Unconscionable'

The bomber's younger brother Hashem Abedi, who was part of the conspiracy, was jailed last year after being convicted of murdering all those who died.

Ismail Abedi was arrested under the Terrorism Act the morning after the bombing but later released under investigation.

At the inquiry on Wednesday, Jeremy Hawthorn - representing Ismail Abedi - said his client appearing without an undertaking from the attorney general "may land him in the dock".

He asked for immunity from any offence arising from the bombing - to be on the "safe side" - but refused to specify any in particular.

However, the hearing was told that one possible charge could be failure to disclose information about acts of terrorism - which is an offence used to prosecute people who knew about a planned attack but failed to warn the authorities.

Twenty-two people were killed in the May 2017 bombing

Opposing the application, Duncan Atkinson QC said the bereaved families he represented were "united in their desire" for Ismail Abedi to be called as a witness.

Pete Weatherby QC, representing other families, said the application could provide protection from offences including "mass murder".

He said that Ismail Abedi should be "required to give evidence in the ordinary way".

Counsel to the inquiry, Nicholas de la Poer QC, submitted that the "extremely broad" application should be refused.

He said an undertaking from the Attorney General could not be a "blanket immunity from prosecution" as it gave rise to the possibility that a person could admit serious criminality but the state would be prohibited from charging him.

This would be "unconscionable and highly damaging to the public interest," he added.

The chairman will rule on the issue at a later date.

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Some witnesses in other public inquiries have received assurances that their evidence will not be used against them in a criminal prosecution.

Ismail has refused to answer the 40 questions posed to him in writing or agree to appear in person as a witness.

In response to Ismail's claimed privilege against self-incrimination, the inquiry wrote saying that it was for the person making the claim to assert privilege against each question he was asked.

Ismail, who now also uses the name Ben Romdhan, has refused to do so.

The chairman - Sir John Saunders - has the power to compel witnesses to appear, with non-cooperation potentially amounting to a criminal offence.

The inquiry previously heard he would order Ismail to appear.

Fled to Libya

Last year, the BBC located Ismail in Manchester, challenged him on his refusal to co-operate, and detailed some of the questions he is likely to face.

The brothers' parents - Ramadan Abed and Samia Tabbal - travelled to Libya before the attack and both remain suspects in the police investigation into the bombing.

Neither has co-operated with the inquiry.

Two men from south Manchester who were friends with Salman Abedi- Ahmed Taghdi and the convicted terrorist, Abdalraouf Abdallah - have both also refused to cooperate.

The BBC revealed last year that another outstanding suspect in the police investigation - Elyas Elmhedi - fled to Libya long after the attack despite being on bail.