The former lead counsel to the independent inquiry into child abuse has been cleared of an allegation of sexual assault after an investigation ordered by his chambers.
Ben Emmerson, QC, a founder member of Matrix Chambers, had been accused of sexually assaulting a woman in a lift at the offices of the Independent Inquiry into Child Sexual Abuse (IICSA) in London earlier this year.
After the claim was reported in the media and repeated in parliament, Matrix asked Sir David Calvert-Smith, a former High Court judge, to investigate. Sir David, who is also a former director of public prosecutions, interviewed Mr Emmerson and the alleged complainant before preparing a report for the Matrix management committee.
The chambers said in a statement: “Sir David concluded ‘without hesitation’ that Mr Emmerson had not committed any act of sexual assault or sexual harassment. The management committee has accepted Sir David’s findings and is satisfied that they demonstrate no case of professional misconduct to report to the Bar Standards Board.”
Matrix, whose lawyers are known for fighting human rights actions and often represent the media in open justice cases against government secrecy, said the full report was “confidential and its contents will not be made public”.
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Mr Emmerson has welcomed the findings. “This has been a difficult period and I am naturally very pleased that an independent senior judge has confirmed that the allegations against me were always unfounded,” he said.
He said he hoped the IICSA “can now be left to get on with its important work free from unnecessary distractions”.
Baroness Kennedy of the Shaws, QC, said that she had known Mr Emmerson for many years and was “relieved he has been exonerated”.
The woman involved in the assault allegation declined to comment when contacted by The Times last night.
However, the matter may not yet be completely closed. The inquiry itself has announced a review of concerns raised by MPs about the way it dealt with the alleged incident.
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Mr Emmerson left the inquiry, which has been bedevilled by resignations, in September. His departure came 24 hours after he was suspended by Alexis Jay, the inquiry’s chairwoman, who said she was “very concerned about aspects of his leadership of the counsel team”.
Friends of Mr Emmerson say that he was unaware of the sexual assault allegation when he resigned and was never told the reasons for his suspension.
In the past 12 months, four other senior lawyers have resigned from the inquiry. It has lost three chairwomen since it was set up in 2014, and has cost more than £20 million to date but has not yet held any evidence sessions. It is expected to announce a review of its work before Christmas.