The substantive hearings

¶109. On 27 January 2015, the Inquiry's substantive hearings commenced. Opening statements were made by counsel to the Inquiry, counsel for Marina and Anatoly Litvinenko, counsel for the Home Secretary and counsel for AWE plc.

¶110. The Inquiry hearing lasted for a total of 34 days. Evidence was taken on 30 of those days. A total of 62 witnesses gave oral evidence. A number of witnesses giving oral evidence attended the Inquiry on more than one occasion to do so. Five of the witnesses gave evidence from overseas by videolink. In addition, witness statements of a further 20 witnesses were read, together with a further witness statement from a witness who had already given oral evidence (Marina Litvinenko).

¶111. In addition, a large quantity of documents was adduced in evidence. Some of these documents were referred to and discussed by witnesses, but I simply put other documents into evidence because it was not necessary for them to be discussed with a witness.

¶112. It was originally envisaged that the Inquiry's open hearings would conclude before Easter. However, the overall length of the Inquiry hearings was prolonged by the actions of Mr Kovtun, who is the subject of one of the two arrest warrants issued in respect of Mr Litvinenko's death.

¶113. During the course of March 2015, the solicitor to the Inquiry received a number of communications from a man who said he was Mr Kovtun. He said that he was willing to take part in the Inquiry and in particular to give evidence by videolink. He also indicated that he wished to apply for core participant status. These developments were notified to core participants, the public and the press at the substantive hearing on 19 March 2015.

¶114. On 30 March 2015, I indicated that I was minded to grant Mr Kovtun core participant status, subject to his fulfilling a number of conditions. Mr Kovtun had to give a confidentiality undertaking in the same manner as all other core participants. He had to provide a detailed witness statement, including a response to nine questions put to him in Russia by Major General of Justice Krasnov, and a tenth question which was added in a letter dated 5 March 2015 from the Inquiry secretariat to Mr Kovtun. Further, he had to disclose any documents and other written material which he had said in media interviews was relevant to the issues being considered by the Inquiry. I fixed the date on which Mr Kovtun's evidence would be taken, namely 27 July 2015; Mr Kovtun would have to make himself available for two or three days.

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¶115. In the days leading up to 27 July 2015, Mr Kovtun and the Russian authorities began to raise a number of legal issues about whether Mr Kovtun could, under Russian and international law, lawfully give evidence to the Inquiry. On that date, Mr Kovtun did not make himself available to give evidence. I considered the matters which had been said by Mr Kovtun and by the Russian authorities, and decided to give Mr Kovtun a final opportunity to live up to his assertion that he wanted to assist me in the Inquiry by adjourning the hearing until 28 July 2015.

¶116. On 28 July 2015, the Inquiry's agent in Moscow reported that he had spoken to Mr Kovtun that morning, and that Mr Kovtun had said that he would not be attending to give evidence by videolink. Accordingly, the final items of witness evidence were taken that day.

¶117. On 30 and 31 July 2015, closing submissions were made by counsel for the MPS and counsel for Marina Litvinenko and Anatoly Litvinenko. Closing statements were made by counsel to the Inquiry and by me, bringing the Inquiry's substantive hearings to an end.

Closed hearings

¶118. On 27 January 2015, when the substantive hearings commenced, it was envisaged that they would be completed by Easter. On that date, I indicated that at some point in the future, there would be closed hearings at which I would consider the material subject to the restriction notices. Counsel to the Inquiry indicated in their opening statement that these would take place after the open hearings had concluded.

¶119. On 31 July 2015, in their closing statement counsel to the Inquiry announced that the closed hearings had taken place. The conclusion of the open hearings that day accordingly completed all of the Inquiry's hearings.