Martin Bashir can opt out of giving evidence in BBC probe over Diana’s interview

BBC's Martin Bashir can opt out of giving evidence or cooperating in the ongoing probe over the Panorama interview with Princess Diana, reports have revealed.

According to a report by Mirror, the inquiry, which was commissioned by BBC, has no authority to order witnesses to appear.

Apart from that, the hearings are also not held in public and neither is the evidence given under oath while witnesses cannot be directed to extend crucial documents either.

The independent probe is being headed by Lord Dyson over claims that the journalist had lied and forged documents in order to bag the explosive interview with the late Princess of Wales in 1995.

As it is a “statutory inquiry”, it does not have the powers in law which is possessed by a government-ordered inquiry.

This could result in Bashir choosing not cooperate and neither BBC nor Lord Dyson having the power to make him talk.

As per Mirror, litigation executive with Slater Gordon, Shane Smith said, “I’m not suggesting for a second Lord Dyson isn’t going to do a thorough job but he is very limited in what he can do.”

“Non statutory inquiries are reliant solely on voluntary compliance of witnesses and evidence can’t be taken on oath,” he said.

"That weakens the credibility of any findings because you are just hopeful witnesses will be willing to co-operate. You can’t compel a witness to attend, regardless of whether they are employed by the BBC or not,” he continued.

"It would look bad for the BBC if Martin Bashir was not part of those proceedings given what is being investigated,” he added.