De Menezes coroner rules out unlawful killing verdict

The coroner at the inquest of Jean Charles de Menezes today ruled out a verdict of unlawful killing.

Former High Court judge, Sir Michael Wright, began summing up seven weeks of evidence by telling jurors they will only be allowed to return a verdict of lawful killing or an open verdict.



Having considered all the evidence, a verdict of unlawful killing was "not justified", he said.





The coroner told jurors to cast aside "any emotion" over the innocent Brazilian's shooting.



He also warned the 11 jurors they must not attach any criminal or civil fault to individuals.



He told them verdicts cannot be inconsistent with the outcome of the Metropolitan Police's health and safety trial, which spared Deputy Assistant Commissioner Cressida Dick of personal blame.



Reminding the jury that the Brazilian's mother, Maria Otone de Menezes, had seen much of the evidence, the coroner added: "I know that your heart will go out to her.



"But these are emotional reactions, ladies and gentlemen, and you are charged with returning a verdict based on evidence.



"Put aside any emotion - put them to one side."



The coroner began bringing together the final account of how the innocent Brazilian met his death on a south London Tube train.



It is the last stage before the 11-person jury, which has sat since September 22, is sent out to consider its verdicts.



Jurors heard from 100 witnesses, including the two men who shot dead the innocent Brazilian at point-blank range on a carriage at Stockwell station on July 22, 2005.



For the first time, the public was given a full account of the incident from key witnesses on board the Underground carriage where the shooting took place.



Key controversies involving surveillance outside his Tulse Hill home, incidents in the control room at New Scotland Yard, and Mr de Menezes's journey towards Stockwell were also examined at length.



C2 and C12, the two firearms officers who shot the electrician, both choked back tears as they appeared in the unlikely surroundings of Surrey County Cricket Club's home ground, in south London.



The shooting came two weeks after London was rocked by the July 7 bombings that left 52 victims dead.



On July 21 a second gang of Islamist extremists attempted to murder dozens more with home-made rucksack bombs.



As counter terrorist police scoured the capital for the escaped would-be suicide bombers, Mr de Menezes was mistaken for one of them and shot dead.



Sir Michael is expected to use at least two days taking the jury back through the key evidence heard at The Oval.





In addition to the two verdicts available, jurors will consider a series of questions, the coroner added.



He told them they should answer "yes", "no" or "cannot decide" to the following questions:

* Did C12 shout the words "armed police" before opening fire?

* Did Mr de Menezes stand up from his seat before he was grabbed in a bear hug by Ivor?

* Did Mr de Menezes move towards C12 before he was grabbed in a bear hug by Ivor?

* Which factors led to his death?

a) The pressure on police after the suicide attacks in July 2005.

b) A failure to provide better photographic images of failed bomber Hussain Osman to surveillance officers.

c) A failure by police to ensure that Mr de Menezes was stopped before he reached public transport.

d) The general difficulty in providing identification of the man under surveillance in the time available.

e) The innocent behaviour of Mr de Menezes increasing suspicion.

f) The fact the views of the surveillance officers regarding identification were not accurately communicated to the command team and firearms officers.

g) The fact that the position of the cars containing the firearms officers was not accurately known by the command team as firearms teams were approaching Stockwell Tube.

h) Shortcomings in the communications system between various police teams on the ground.

i) Failure to conclude at the time that surveillance officers could have been used to carry out the stop on Mr de Menezes at Stockwell.

Start your day with The Independent, sign up for daily news emails
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksA special investigation by Andy McSmith
  • Get to the point
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Recruitment Genius: Photographer / Floorplanner / Domestic Energy Assessor

£16000 - £25000 per annum: Recruitment Genius: A Photographer/ Floor planner /...

Ashdown Group: Front-End Developer - Surrey - £40,000

£30000 - £40000 per annum: Ashdown Group: Front-End Developer - Guildford/Craw...

Recruitment Genius: Customer Service Assistant

£13500 - £15000 per annum: Recruitment Genius: A Customer Service Assistant is...

Recruitment Genius: Sales Executive - OTE £35,000

£16000 - £35000 per annum: Recruitment Genius: An ambitious and motivated Sale...

Day In a Page

Not even the 'putrid throat' could stop the Ross Poldark swoon-fest'

Not even the 'putrid throat' could stop the Ross Poldark swoon-fest'

How a costume drama became a Sunday night staple
Miliband promises no stamp duty for first-time buyers as he pushes Tories on housing

Miliband promises no stamp duty for first-time buyers

Labour leader pushes Tories on housing
Aviation history is littered with grand failures - from the the Bristol Brabazon to Concorde - but what went wrong with the SuperJumbo?

Aviation history is littered with grand failures

But what went wrong with the SuperJumbo?
Fear of Putin, Islamists and immigration is giving rise to a new generation of Soviet-style 'iron curtains' right across Europe

Fortress Europe?

Fear of Putin, Islamists and immigration is giving rise to a new generation of 'iron curtains'
Never mind what you're wearing, it's what you're reclining on

Never mind what you're wearing

It's what you're reclining on that matters
General Election 2015: Chuka Umunna on the benefits of immigration, humility – and his leader Ed Miliband

Chuka Umunna: A virus of racism runs through Ukip

The shadow business secretary on the benefits of immigration, humility – and his leader Ed Miliband
Yemen crisis: This exotic war will soon become Europe's problem

Yemen's exotic war will soon affect Europe

Terrorism and boatloads of desperate migrants will be the outcome of the Saudi air campaign, says Patrick Cockburn
Marginal Streets project aims to document voters in the run-up to the General Election

Marginal Streets project documents voters

Independent photographers Joseph Fox and Orlando Gili are uploading two portraits of constituents to their website for each day of the campaign
Game of Thrones: Visit the real-life kingdom of Westeros to see where violent history ends and telly tourism begins

The real-life kingdom of Westeros

Is there something a little uncomfortable about Game of Thrones shooting in Northern Ireland?
How to survive a social-media mauling, by the tough women of Twitter

How to survive a Twitter mauling

Mary Beard, Caroline Criado-Perez, Louise Mensch, Bunny La Roche and Courtney Barrasford reveal how to trounce the trolls
Gallipoli centenary: At dawn, the young remember the young who perished in one of the First World War's bloodiest battles

At dawn, the young remember the young

A century ago, soldiers of the Empire – many no more than boys – spilt on to Gallipoli’s beaches. On this 100th Anzac Day, there are personal, poetic tributes to their sacrifice
Dissent is slowly building against the billions spent on presidential campaigns – even among politicians themselves

Follow the money as never before

Dissent is slowly building against the billions spent on presidential campaigns – even among politicians themselves, reports Rupert Cornwell
Samuel West interview: The actor and director on austerity, unionisation, and not mentioning his famous parents

Samuel West interview

The actor and director on austerity, unionisation, and not mentioning his famous parents
General Election 2015: Imagine if the leading political parties were fashion labels

Imagine if the leading political parties were fashion labels

Fashion editor, Alexander Fury, on what the leaders' appearances tell us about them
Phumzile Mlambo-Ngcuka: Home can be the unsafest place for women

Phumzile Mlambo-Ngcuka: Home can be the unsafest place for women

The architect of the HeForShe movement and head of UN Women on the world's failure to combat domestic violence