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The Litvinenko Inquiry

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<strong>The</strong> <strong>Litvinenko</strong> <strong>Inquiry</strong><br />

it is logical to assume that it was part of a routine, and in all the circumstances it is<br />

reasonable to assume that the routine was connected with the preparation and/or the<br />

disposal of polonium 210.<br />

8.79 I have already expressed my view that room 382 of the Millennium Hotel was used to<br />

handle the polonium 210 that killed Mr <strong>Litvinenko</strong>. Given the similar findings in room<br />

107 of the Best Western Hotel, it is a reasonable assumption that something similar<br />

occurred there. I have referred above to the scientific evidence which shows that<br />

Mr <strong>Litvinenko</strong> was poisoned on an occasion prior to 1 November 2006, and to other<br />

evidence that tends to suggest that this occasion might have been the Erinys meeting<br />

on 16 October. Given, additionally, (a) my finding that Mr <strong>Litvinenko</strong> was poisoned<br />

on 1 November by Mr Lugovoy and Mr Kovtun; and (b) the similarity between the<br />

findings of primary contamination at room 107 of the Best Western Hotel and room<br />

382 of the Millennium Hotel, I make the further findings that Mr <strong>Litvinenko</strong> was also<br />

poisoned with polonium 210 by Mr Lugovoy and Mr Kovtun at the Erinys meeting on<br />

16 October 2006, and that the polonium 210 used on that occasion was prepared<br />

and/or disposed of in the bathroom of room 107 of the Best Western Hotel.<br />

8.80 For completeness, I note that the primary contamination found in the bathroom of<br />

room 848 of the Sheraton Hotel was found not in the sink, but in the bin. Primary<br />

contamination was also found on towels in the hotel laundry. It is perhaps significant<br />

in this regard that there is no other evidence of an attempt being made to poison<br />

Mr <strong>Litvinenko</strong> during this period (for example, no primary contamination was found in<br />

the Palm Court bar at the hotel, where Mr <strong>Litvinenko</strong> appears to have met Mr Lugovoy<br />

on two occasions during the latter’s stay). <strong>The</strong>re is insufficient evidence for me to<br />

make any findings about what happened at the Sheraton Hotel, but I observe that the<br />

primary contamination found there was consistent with Mr Lugovoy having spilled the<br />

polonium 210 in the course of handling it, and then mopping it up with the towels that<br />

were subsequently found in the laundry.<br />

Other evidence indicating Lugovoy and Kovtun’s involvement<br />

8.81 I turn to consider the other evidential matters that I consider support my findings that<br />

Mr <strong>Litvinenko</strong> was poisoned by Mr Lugovoy and Mr Kovtun.<br />

Accounts given by Lugovoy and Kovtun<br />

8.82 Neither Mr Lugovoy nor, in the end, Mr Kovtun, gave oral evidence to the <strong>Inquiry</strong>.<br />

However, both have made public statements concerning the case since 2006 and<br />

Mr Kovtun provided the <strong>Inquiry</strong> with a witness statement. I admitted this material in<br />

evidence, and have referred to it extensively.<br />

8.83 I should make it clear that I do not regard the simple fact that Mr Lugovoy and Mr Kovtun<br />

did not give evidence before me as evidence that in itself supports the proposition that<br />

they poisoned Mr <strong>Litvinenko</strong>. <strong>The</strong>re was some debate about this matter, but in the<br />

end all core participants agreed that I should not draw any adverse inferences from<br />

the fact that neither man has given evidence before me (see Appendix 1, paragraph<br />

123). I do not do so.<br />

8.84 That said, as I have observed on a number of occasions during my review of the<br />

evidence, the fact that Mr Lugovoy and Mr Kovtun did not give oral evidence means<br />

that I am left without answers to questions that they would have been asked had they<br />

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