Key points: Andrew Gilligan's Counsel

Here are key points from the closing statements of Heather Rogers, Counsel for BBC journalist Andrew Gilligan, on day 23 of the Hutton inquiry.

Ms Rogers said "it is important to acknowledge that it was right for Andrew Gilligan to talk to David Kelly".

Heather Rogers

It was right for Mr Gilligan to ask him about the government's September dossier on Iraq's weapons and to report what he said about it. In short it was right for the journalist to tell the public.

Mr Gilligan would have been failing in his job if he had not asked Dr Kelly about the September dossier and what the government had said in it.

In answer to an inquiry by Lord Hutton, Ms Rogers said that Dr Kelly told Mr Gilligan that "most people in intelligence were dissatisfied with the dossier".

She said Dr Kelly volunteered the information knowing it was likely to be used and he intended that it should be published.

The effect of all this media attention upon an extremely private and retiring man should not be underestimated Jeremy Gompertz QC Counsel for the Kelly family Key points: Kelly family QC

Dr Kelly "was not a member of the intelligence services, but he was a member of the intelligence community, an intelligence insider, a source on intelligence".

Mr Gilligan did not have a verbatim note of the conversation with Dr Kelly. Ms Rogers said "he is not a court transcriber who records every word, he is a journalist, and like most journalists, he made notes".

Mr Gilligan has acknowledged his mistakes which "were made inadvertently and in good faith".

The government had no obligation to keep Dr Kelly's name secret, and Dr Kelly had no right to expect them to do so Jonathan Sumption QC Counsel for the government Key points: Government's QC

Ms Rogers said the government's decision to go to war and justification for it deserved the closest possible scrutiny, and a defence correspondent who failed to raise these matters would be failing in his duty.

Mr Gilligan's broadcast "was a classic example of working journalism reporting on a matter of public interest".

Ms Rogers said "in the media as in real life nobody is perfect", adding that the government had been diverting attention from the real issues by picking on "a few words that were used once and were not repeated".

Referring to Mr Campbell's diary entry to "get Gilligan", Ms Rogers said "the response is like that of a playground bully. They do not like what Andrew Gilligan has said, and they want to get him...their priority should not have been to get Gilligan. He was the messenger".

As I said, this allegation of institutional bias against the BBC coupled with the allegation of lying was as grave a charge that could be made of a public service broadcaster by a government director of communication Andrew Caldecott QC Counsel for the BBC Key points: Counsel for the BBC

Ms Rogers said the burden of the report was concerned with whether the intelligence had been exaggerated by the government in preparing the case for war.

Lord Hutton said he did not understand the barrister's point that Mr Gilligan's words would not convey to the average listener that the government was acting dishonestly.

Ms Rogers said Mr Gilligan and his editorial team had not been making a charge of dishonesty, and that the government only complained about the specific point much later.